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FUR-SEAL, SEA OTTER, AND SALMON FISHERIES. 



ACTS OF CONGRESS, 
PRESIDENT'S PROCLAMATIONS, 

REGULATIONS GOVERNING U. S. VESSELS, 

ACTS OF PARLIAMENT, 
ORDERS IN COUNCIL, 



PERTAINING TO THE 



FUR-SEAL FISHERIES IN BERING SEA 
AND NORTH PACIFIC OOEA^. 



SEA OTTER REGULATIONS, 
LAWS AS TO SALMON FISHERIES IN ALASKA. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 
18 9 6. 



^< 



Treasury Depari ment, 

I >ocuinent No. 1850. 

Office of Division of Revenue ('utter Service. 



^ >y 



ACTS OF CONGRESS, PRESIDENT'S PROCLAMATIONS, ACTS OF 
PARLIAMENT, ORDERS IN COUNCIL, AND OTHER MATTERS 
PERTAINING TO THE FUR-SEAL FISHERIES IN BERING SEA. 

EEVISED STATUTES OF THE UNITED STATES, SECTION 1956. 

No person shall kill any otter, mink, marten, sable, or fur seal, or other 
fur-bearing animal within the limits of Alaska Territory, or in the waters 
thereof; and every person guilty thereof shall, for each offense, be fined 
not less than two hundred nor more than one thousand dollars, or 
imprisoned not more than six months, or both; and all vessels, their 
tackle, apparel, furniture and cargo, found engaged in violation of this 
section shall be forfeited; but the Secretary of the Treasury shall have 
power to authorize the killing of any such mink, marten, sable, or other 
fur bearing animal, except fur seals, under such regulation as he may 
prescribe; and it shall be the duty of the Secretary to prevent the kill- 
ing of any fur seal, and to provide for the execution of the provisions 
of this section until it is otherwise provided by law; nor shall he grant 
any special privileges under this section. 



ACT OF MARCH 2, 1889 (STATS. AT LARGE, VOL. 25, P. 1009). 
CHArTEK 415 — An act to provide for the protection of the salmon fisheries of Alaska. 

Be it enacted, etc., That the erection of dams, barricades, or other 
obstructions in any of the rivers of Alaska, with the purpose or result 
of preventing or impeding the ascent of salmon or other anadromous 
species to their spawning grounds, is hereby declared to be unlawful, 
and the Secretary of the Treasury is hereby authorized and directed to 
establish such regulations and surveillance as may be necessary to 
insure that this prohibition is strictly enforced, and to otherwise protect 
the salmon fisheries of Alaska. 

And every person who shall be found guilty of a violation of the 
provisions of this section shall be fined not less than two hundred and 
fifty dollars for each day of the continuance of such obstruction. 

Sec. 2. That the Commissioner of Fish and Fisheries is hereby 
empowered and directed to institute an investigation into the habits, 
abundance, and distribution of the salmon of Alaska, as well as the 
present conditions and methods of the fisheries, with a view of recom- 
mending to Congress such additional legislation as may be necessary to 
prevent the impairment or exhaustion of these valuable fisheries and 
placing them under regular and permanent conditions of production. 



4 FUR-SEAL FISHERIES IN BERING SEA. 

Sec. 3. That section nineteen hundred and fifty-six of the Eevised 
Statutes of the United States is hereby declared to include and apply 
to all the dominion of the United States in the waters of Behring Sea. 

And it shall be the duty of the President, at a timely season in each 
year, to issue his proclamation, and cause the same to be published for 
one month in at least one newspaper, if any such there be, published at 
each United States port of entry on the Pacific Coast, warning all per- 
sons against entering said waters for the purpose of violating the pro- 
visions of said section; and he shall also cause one or more vessels of 
the United States to diligently cruise said waters and arrest all per- 
sons and seize all vessels found to be, or to have been, engaged in any 
violation of the laws of the United States therein. 

Approved March 2, 1881). 



modus vivendi respecting the fur-seal fisheries in behring sea. 

By the President of the United States of America, 

A PROCLAMATION. 

Whereas an agreement for a modus vivendi between the Government 
of the United States and the Government of Her Britannic Majesty in 
relation to the fur-seal fisheries in Behring Sea was concluded on the 
fifteenth day of June, in the year of our Lord one thousand eight hun- 
dred and ninety-one, word for word as follows: 

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES 
AND THE GOVERNMENT OF HER BRITANNIC MAJESTY FOR A 
MODUS VIVENDI IN RELATION TO THE FUR-SEAL FISHERIES IN 
BEHRING SEA. 

For the purpose of avoiding irritating differences and with a view to 
promote the friendly settlement of the questions pending between the 
two Governments touching their respective rights in Behring Sea, and 
for the preservation of the seal species, the following agreement is made 
without prejudice to the rights or claims of either party. 

(1) Her Majesty's Government will prohibit until May next seal 
killing in that part of Behring Sea lying eastward of the line of 
demarcation described in article No. 1 of the treaty of 1867 between 
the United States and Russia, and will promptly use its best efforts to 
ensure the observance of this prohibition by British subjects and 
vessels. 

(2) The United States Government will prohibit seal killing for the 
same period in the same part of Behring Sea and on the shores and 
islands thereof, the property of the United States (in excess of 7,500 
to be taken on the islands for the subsistence and care of the natives), 
and will promptly use its best efforts to ensure the observance of this 
prohibition by United States citizens and vessels. 



FUR-SEAL FISHERIES IN BERING SEA. 5 

(3) Every vessel or person offending against this prohibition in the 
said waters of Behring Sea outside of the ordinary territorial limits of 
the United States may be seized and detained by the naval or other 
duly commissioned officers of either of the High Contracting Parties, 
but they shall be handed over as soon as practicable to the authorities 
of the nation to which they respectively belong, who shall alone have 
jurisdiction to try the offense ami impose the penalties for the same. 
The witnesses and proofs necessary to establish the offense shall also 
be sent with them. 

(4) In order to facilitate such proper inquiries as Her Majesty's Gov- 
erment may desire to make, with a view bo the presentation of the case 
of that Government before arbitrators and in expectation that an 
agreement for arbitration may be arrived at, it is agreed that suitable 
persons designated by Great Britian will be permitted at any time, 
upon application, to visit or to remain upon the seal islands during 
the present sealing season for that purpose. 

Signed and sealed in duplicate at Washington this fifteenth day of 
June, 1891, on behalf of their respective Governments, by William F. 
Wharton, Acting Secretary of State of the United States, and Sir 
Julian Pauncefote, G. C. M. G., K. 0. B., 11. B. M., envoy extraordinary 
and minister plenipotentiary. 

(Signed) William F. Wharton, [seal.] 

(Signed) Julian Pauncefote. [seal.] 

Now, therefore, be it known that I, Benjamin Harrison, President 
of the United States of America, have caused the said agreement 
to be made public, to the end that the same and every part thereof 
may be observed and fulfilled with good faith by the United States of 
America and the citizens thereof. 

In witness whereof 1 have hereunto set my hand and caused the seal 
of the United States to be affixed. 

Done at the city of Washington this fifteenth day of June, in the 
year of our Lord one thousand eight hundred and ninety-one 
[SEAL.] and of the Independence of the United States the one hundred 
and fifteenth. 

(Signed) Benj. Harrison. 

By the President: 

(Signed) William F. Wharton, 

Acting Secretary of State. 



A CONVENTION BETWEEN THE GOVERNMENTS OF THE UNITED STATES AND HER 
BRITANNIC MAJESTY, SUBMITTING TO ARBITRATION THE QUESTIONS WHICH 
HAVE ARISEN BETWEEN THOSE GOVERNMENTS CONCERNING THE JURISDIC- 
TIONAL RIGHTS OF THE UNITED STATES IN THE WATERS OF BEHRING SEA. 

Signed at Washington February 29, 1892. 
Ratification advised by the Senate March 29, 1892. 
Ratified by the President April 22, 1892. 
Ratifications exchanged May 7, 1892. 
Proclaimed May 9, 1892. 

By the President of the United States of America. 

A PROCLAMATION. 

Whereas a Convention between the United States of America and 
Great Britain providing - for an amicable settlement of the questions 
which have arisen between those Governments concerning' the jurisdic- 
tional rights of the United States in the waters of the Behring Sea, and 
concerning also the preservation of the fur-seal in, or habitually resort- 
ing to, the said Sea, and the rights of the citizens and subjects of either 
country as regards the taking of fur-seal in, or habitually resorting to, 
the said waters, was signed by their respective Plenipotentiaries at the 
City of Washington, on the twenty-ninth day of February, one thou- 
sand eight hundred and ninety-two, the original of which Convention, 
being in the English language and as amended by the Senate of the 
United States, is word for word as follows : 

The United States of America and Her Majesty the Queen of the Minted Kingdom 
of Great Britain and Ireland, heing desirous to provide for an amicable sett lenient 
of the questions which have arisen between their respective governments concern- 
ing the jurisdictional rights of the United States in the waters of Bekring's Sea, 
and concerning also the preservation of the fur-seal in, or habitually resorting to, 
the said Sea, and the rights of the citizens and subjects of either country as regards 
the taking of fur-seal in, or habitually resorting to, the said waters, have resolved 
to submit to arbitration the questions involved, and to the end of concluding a 
convention for that purpose have appointed as their respective Plenipotentiaries: 

The President of the United States of America, James G. Blaine, Secretary ot 
State of the United States; and 

Her Majesty the Queen of the United Kingdom of Great Britain and Inland, Sir 
Julian Pauncefote, G. C. M. G., K. C. B., Her Majesty's Envoy Extraordinary and 
Minister Plenipotentiary to the United States; 

Who, after having communicated to each other their respective full powers which 
were found to be in due and proper form, have agreed to and concluded the follow- 
ing articles. 
6 



FUR-SEAL FISHERIES IN BERING SEA. 7 

Article I. 

The questions which have arisen between the Government of the United States 
and the Government of Her Britannic Majesty concerning the jurisdictional rights 
of the United States in the waters of Behring's Sea, and concerning also the preser- 
vation of the fur-seal in, or habitually resorting to, the said Sea, and the rights of 
the citizens and subjects of either country as regards the taking of fur-seal in, or 
habitually resorting to, the said waters, shall be submitted to a tribunal of Arbitra- 
tion, to be composed of seven Arbitrators, who shall be appointed in the following 
manner, that is to say: Two shall be named by the President of the United States; 
two shall be named by Her Britannic Majesty; His Excellency the President of the 
French Republic shall be jointly requested by the High Contracting Parties to name 
one ; His Majesty the King of Italy shall be so requested to name one ; and His Majesty 
the King of Sweden and Norway shall be so requested to name one. The seven Arbi- 
trators to be so named shall be jurists of distinguished reputation in their respective 
countries; and the selecting Powers shall lie requested to choose, if possible, jurists 
who are acquainted with the English language. 

In case of the death, absence or incapacity to serve of any or either of the said 
Arbitrators, or in the event of any or either of the said Arbitrators omitting or declin- 
ing or ceasing to act as such, the President of the United States, or Her Britannic 
Majesty, or His Excellency the President of the French Republic, or His Majesty the 
King of Italy, or His Majesty the King of Sweden and Norway, as the case may be, 
shall name, or shall be requested to name forthwith another nerson to act as Arbi- 
trator in the place and stead of the Arbitrator originally named by such head of a 
State. 

And in the event of the refusal or omission for two months after receipt of the 
joint request from the Hifth Contracting Parties of His Excellency the President of 
the French Republic, or His Majesty the King of Italy, or His Majesty the King of 
Sweden and Norway, to name an Arbitrator, either to till the original appointment 
or to fill a vacancy as above provided, then in such case the appointment shall be 
made or the vacancy shall be tilled in such manner as the High Contracting Parties 
shall agree. 

Article II. 

The Arbitrators shall meet at Paris within twenty days after the delivery of the 
counter cases mentioned in Article IV, and shall proceed impartially and carefully 
to examine and decide the questions, that have been or shall be laid before them as 
herein provided on the part of the Governments of the United States and Her 
Britannic Majesty respectively. All questions considered by the tribunal, including 
the final decision, shall be determined by a majority of all the Arbitrators. 

Each of the High Contracting Parties shall also name one person to attend the 
tribunal as its Agent to represent it generally in all matters connected with the 
arbitration. 

Article III. 

The printed case of each of the two parties, accompanied by the documents, the 
official correspondence, and other evidence on which each relies, shall be delivered 
in duplicate to each of the Arbitrators and to the Agent of the other party as soon 
as may be after the appointment of the members of the tribunal, but within a 
period not exceeding "four months from the date of the exchange of the ratifications 
of this treaty. 

Article IV. 

Within three months after the delivery on both sides of the printed case, either 
party may, in like manner deliver in duplicate to each of the said Arbitrators, and 
to the Agent of the other party, a counter case, and additional documents, corre- 
spondence, and evidence, in reply to the case, documents, correspondence, and evi- 
dence so presented by the other party. 



8 FUR-SEAL FISHERIES IN BERING SEA. 

If, however, in consequence <>f the distance of the place from which the evidence 
to he presented is to be procured, either party shall, within thirty days after the 
reeeipi by its agent of the ease of the other party, give notice to the other party that 
it requires additional time for the delivery of such counter ease, documents, corre- 
spondence and evidence, such additional time so indicated, but not exceeding sixty 
days beyond the three months in this Article provided, shall he allowed. 

If in the ease submitted to the Arbitrators either party shall have specified or 
alluded to any report or document in its own exclusive possession, without annex- 
ing a copj . such party shall be bound, if the other party thinks proper to apply for 
it, to furnish that party with a copy thereof ; and either party may call upon the 
other, through the Arbitrators, to produce the originals or certified copies of any 
papers adduced as evidence, giving in each instance notice thereof within thirty days 
after delivery of the case; and the original or copy so requested shall be delivered as 
soon as may be and withiu a period not exceeding forty days after receipt of notice. 

Article V. 

It shall be the duty of the Agent of each party, within one month after the expira- 
tion of the time limited for the delivery of the counter case on both sides, to deliver 
in duplicate to each of the said Arbitrators and to the Agent of the other party a 
printed argument showing the points and referring to the evidence upon which his 
Government indies, and either party may also support the same before the Arbi- 
trators by oral argument of counsel ; and the Arbitrators may, if they desire further 
elucidation with regard to any point, require a written or printed statement or argu- 
ment, or oral argument by counsel, upon it; but in such case the other party shall 
he entitled to reply either orally or in writing, as the case may be. 

Article VI. 

In deciding the matters submitted to the Arbitrators, it is agreed that the follow- 
ing live points shall be submitted to them, in order that their award shall embrace 
a distinct decision upon each of said live points, to wit : 

1. What exclusive jurisdiction in the sea now known as the Behring's Sea, and 
what exclusive rights in the seal fisheries therein, did Russia assert and exercise 
prior and up to the time of the cessiou of Alaska to the United States.' 

2. How far were these claims of jurisdiction as to the seal fisheries recognized 
and conceded by Great Britain? 

3. Was the body of water now known as the Behring's Sea included in the phrase 
" Pacific i tcean," as used in the Treaty of 1825 between Great Britain and Russia ; and 
what rights, if any, in the Behring's Sea were held and exclusively exercised by 
Russia after said Treaty .' 

1. Did not all the rights of Russia as to jurisdiction, and as to the seal fisheries in 
Behring's Sea east of the water boundary, in the Treaty between the United States 
and Russia of the 30th March, 1807, pass unimpaired to the United States under that 
Treat \ .' 

5. Has the United States any right, and if so, what right of protection or property 
in the fur-seals frequenting the islands of the United States in the Behring Sea when 
such seals are found outside the ordinary three-mile limit? 

Article VII. 

If the determination of the foregoing questions as to the exclusive jurisdiction of 
the United States shall leave the subject in such position that the concurrence of 
Great Britain is necessary to the establishment of Regulations for the proper pro- 
tection and preservation of the fur-seal in, or habitually resorting to, the Behring 
Sea, the Arbitrators shall then determine what concurrent Regulations outside the 
jurisdictional limits of the respective Governments are necessary, and over what 
waters such Regulations should extend, and to aid them in that determination the 



FUR-SEAL FISHERIES IN BERING SEA. 9 

report of a Joint Commission to be appointed by the respective Governments shall be 
laid before them, with such other evidence as either Government may submit. 

The High Contracting Parties furthermore agree to cooperate in securing the 
adhesion of other Towers to such Regulations. 

Article VIII. 

The High Contracting Parties having found themselves unable to agree upon a 
reference which shall include the question of the liability of each for the injuries 
alleged to have been sustained by the other, or by its citizens, in connection with 
the claims presented and urged by it; and, being solicitous thai this subordinate 
question should not interrupt or longer delay the submission and determination of 
the main questions, do agree that either may submit to the Arbitrators any question 
of fact involved in said claim and ask for a finding thereon, the question of the 
liability of either Government upon the facts found to be the subject of further 
negotiation. 

Article IX. 

The High Contracting Parties having agreed to appoint two Commissioners on the 
part of each Government to make the joint investigation and report contemplated 
in the preceding Article VII, and to include the terms of the said Agreement in the 
present Convention, to the end that the joint and several reports and recommenda- 
tions of said Commissioners may be in due form submitted to the Arbitrators should 
the contingency therefor arise, the said Agreement is accordingly herein included 
as follows: 

Each Government shall appoint two Commissioners to investigate conjointly with 
the Commissioners of the other Government all the facts having relation to seal 
life in Behring's Sea, and the measures necessary for its proper protection and 
preservation. 

The four Commissioners shall, so far as they may be able to agree, make a joint 
report to each of the two Governments, and they shall also report, either jointly 
or severally, to each Government on any points upon which they may be unable 
to agree. 

These reports shall not be made public until they shall be submittted to the Arbi- 
trators, or it shall appear that the contingency of their being used by the Arbitrators 
can not arise. 

Article X. 

Each Government shall pay the expenses of its members of the Joint Commission 
in the investigation referred to in the preceding Article. 

Article XI. 

The decision of the tribunal shall, if possible, be made within three months from 
the close of the argument on both sides. 

It shall be made in writing and dated, and shall be signed by the Arbitrators who 
may assent to it. 

The decision shall be in duplicate, one copy whereof shall be delivered to the 
Agent of the United States for his Government, and the other copy shall be deliv- 
ered to the Agent of Great Britain for his Government. 

Article XII. 

Each Government shall pay its own Agent and provide for the proper remunera- 
tion of the counsel employed by it and of the Arbitrators appointed by it, and for 
the expense of preparing and submitting its case to the tribunal. All other expenses 
connected with the Arbitration shall be defrayed by the two Governments in equal 
moieties. 



10 FUR-SEAL FISHERIES IN BERING SEA. 

Article XIII. 

The Arbitrators shall keep an accurate record of their proceedings and may 
appoint and employ the necessary officers to assist them. 

Article XIV. 

The High Contracting Parties engage to consider the result of the proceedings of 
the tribunal of arbitration, as a full, perfect, and final settlement of all the ques- 
tions referred to the Arbitrators. 

Article XV. 

The present treaty shall be duly ratilied by the President of the United States of 
America, by and with the advice and consent of the Senate thereof, and by Her 
Britannic Majesty ; and the ratification shall be exchanged either at Washington or 
at London within six months from the date hereof, or earlier if possilde. 

In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and 
have hereunto affixed our seals. 

Done in duplicate at Washington the twenty-ninth day of February, one thousand 
eight hundred and ninety-two. 

James G. Blaine [seal.] • 

Julian Pauncefote [seal.] 

And whereas the said Convention has been duly ratified on both 
parts, and the ratifications of the two Governments were exchanged 
in the City of London, on the seventh day of May, one thousand, eight 
hundred and ninety-two; 

Now, therefore, be it known that I, Benjamin Harrison, President of 
tlic United States of America, have caused the said Convention to be 
made public, as amended, to the end that the same, and every article 
and clause thereof, may be observed and fulfilled with good faith by 
the United States and the citizens thereof. 

In witness whereof, I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done at the City of Washington, this ninth day of May in the year 
of our Lord one thousand, eight hundred and ninety-two, 
[seal.] and of the Independence of the United States the one hun- 
dred and sixteenth. 

Benj. Harrison. 
By the President : 

James (J. Blaine, 

Secretary of State. 



CONVENTION BETWEEN THE GOVERNMENTS OF THE UNITED STATES AND 
HER BRITANNIC MAJESTY— RENEWAL OF THE EXISTING MODUS VIVENDI IN 
BEHRING SEA. 

Signed at Washington, April 18, 1892. 
Ratification advised by the Senate April 19, 1892. 
Ratified by the President April 22, 1892. 
Ratifications exchanged May 7, 1S92. 
Proclaimed May .9, 1892. 

By the President of the United States of America. 

A PROCLAMATION. 

Whereas a Convention between the United States of America and 
Great Britain for the renewal of the existing modus vivendi inBehring's 
Sea was signed by their respective Plenipotentiaries at the City of 
Washington, on the eighteenth day of April, one thousand eight hun- 
dred and ninety-two, the original of which Convention, being in the 
English language, is word for word as follows: 

CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND GREAT BRITAIN FOR 
THE RENEWAL OF THE EXISTING ".MODES VIVENDI" IN BEHRING'S SEA. 

Whereas by a Convention concluded between the United States of America and 
Her Majesty the Queen of the United Kingdom of (treat Britain and Ireland, on 
tlir twenty-ninth day of February, one thousand eight hundred and ninety-two, the 
High Contracting Parties have agreed to submit to Arbitration, as therein stated, 
the questions which have arisen between them concerning the jurisdicl Lonal rights of 
the United States in the waters of Behring's Sea and concerning also the preservation 
of the fur-seal in. or habitually resorting to, the said sea, and the rights of the citizens 
and subjects of either country as regards the taking of the fur-seal in, or habitu- 
ally resorting to, the said waters; and whereas the High Contracting Parties, hav- 
ing differed as to what restrictive Regulations for seal-hunting are necessary, during 
the pendency of such Arbitration, have agreed to adjust such difference in manner 
hereinafter mentioned, and without prejudice to the rights ot eitlier party : 

The said High Contracting Parties have appointed as their Plenipotentiaries to 
conclude a Convention for this purpose, that is to say: 

The President of the United States of America, James G. Blaine, Secretary of 
State of the United States; 

And Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, 
Sir Julian Pauncefote, Knight (hand Cross of the Most Distinguished Order of 
Saint Michael and Saint George, Knight Commander of the Most Honorable Order 
of Bath, and Envoy Extraordinary and Minister Plenipotentiary of Her Britannic 
Majesty to the United States; 

Who, after having communicated to each other their respective full powers, found 
in due and good form, have agreed upon and concluded the following Articles: 

Article I. 

Her Majesty's Government will prohibit, during the pendency of the Arbitration, 
seal killing in that part of Behring Sea lying eastward of the line of demarcation 

11 



12 FUR-SEAL FISHERIES IN BERING SEA. 

described in Article No. I of the Treaty of 1867 between the United States and Rus- 
sia, and will promptly use its best efforts to ensure the observance of this prohibition 
by British subjects and vessels. 

Article II. 

The United States Government will prohibit seal-killing for the same period in 
the same part of Behring's Sea, and on the shores and islands thereof, the property 
of the United States (in excess of seven thousand hve hundred to be taken on the 
islands for the subsistence of the natives), and will promptly use its best efforts to 
ensure the observance of this prohibition by United States citizens and vessels. 

Article III. 

Every vessel or person offending against this prohibition in the said waters of 
Behring Sea outside of the ordinary territorial limits of the United States, may be 
seized and detained by the naval or other duly commissioned officers of either of 
the High Contracting Parties, but they shall be handed over as soon as practicable 
to the authorities of the Nation to which they respectively belong, who alone shall 
have jurisdiction to try the offence and impose the penalties for the same. The 
witnesses and proof necessary to establish the offence shall also be sent with them. 

Article IV. 

In order to facilitate such proper inquiries as Her Majesty's Government may 
desire to make with a view to the presentation of the case and arguments of that 
Government before the Arbitrators, it is agreed that suitable persons designated by 
Great Britain will be permitted at any time, upon application, to visit or remain 
upon the Seal Islands during the sealing season for that purpose. 

Article V. 

If the result of the Arbitration be to affirm the right of British Sealers to take seals 
in Behring Sea within the bounds claimed by the United States, under its purchase 
from Russia, then compensation shall be made by the United States to Great Britain 
(for the use of her subjects) for abstaining from the exercise of that right during 
the pendency of the Arbitration upon the basis of such a regulated and limited 
catch orcatchesas in the opinion of the Arbitrators might have been taken without 
an undue diminution of the seal-herds; and, on the other hand, if the result of the 
Arbitration shall be to deny the right of British sealers to take seals within the said 
waters, then compensation shall be made by Great Britain to the United States ( for 
itself, its citizens and lessees) for this agreement to limit the island catch to seven 
thousand five hundred a season, upon the basis of the difference between this num- 
ber and such larger catch as in the opinion of the Arbitrators might have been taken 
without an undue diminution of the seal-herds. 

The amount awarded, if any, in either case shall be such as under all the circum- 
stances is just and equitable, and shall be promptly paid. 

Article VI. 

This Convention may be denounced by either of the High Contracting Parties at 
any time after the thirty-first day of October, one thousand eight hundred and 
ninety-three, on giving to the other Party two months notice of its termination; 
and at the expiration of such notice the Convention shall cease to be in force. 

Article VII. 

The present Convention shall be duly ratified by the President of the United 
States, by and with the advice and consent of the Senate thereof, and by Her 



FUR-SEAL FISHERIES IN BERING SEA. 13 

Britannic Majesty; and the ratifications shall be exchanged either at Washington 
or at London as early as possible. 

In faith whereof, we, the respective Plenipotentiaries have signed this Conven- 
tion and have hereunto affixed our Seals. 

Done in duplicate at Washington, this eighteenth day of April, one thousand 
eight hundred and ninety-two. 

James G. Blaine [seal.] 

Julian Pauncefote. [seal.] 

And whereas the said Convention has been duly ratified on both 
parts, and the ratifications of the two Governments were exchanged 
in the City of London, on the seventh day of May, one thousand eight 
hundred and ninety- two; 

Now, therefore, be it known that I, Benjamin Harrison, President 
of the United States of America, have caused the said Convention to be 
made yniblic, to the end that the same, and every article and clause 
thereof, may be observed in good faith by the United States and the 
citizens thereof. 

In witness whereof, I have hereunto set my hand and caused the 

seal of the United States to be affixed. 

Done at the City of Washington, this ninth day of May, in the year 

of our Lord one thousand, eight hundred and ninety-two, and 

[SEAL.] of the Independence of the United States the one hundred and 

sixteenth. 

Benj. Harrison 
By the President : 

James G. Blaine 

Secretary of State. 



ACT OF FEBRUARY 21, 1893 (STATS. AT LARGE, VOL. 27, P. 472). 

Chapter 150. — An act to extend to the North Pacific Ocean the provisions of the 
statutes for the protection of the fur seals and other fur-bearing animals. 

Be it enacted l>y the Senate and House of Representatives of the United 
States of America in Congress assembled, That whenever the Govern- 
ment of the United States shall conclude an effective international 
arrangement for the protection of fur seals in the North Pacific Ocean by 
agreement with any power or as a result of the decision of the tribunal 
of arbitration under the convention concluded between the United States 
and Great Britain February twenty-ninth, eighteen hundred and ninety- 
two, and so long as such arrangement shall continue the provisions of 
section nineteen hundred and fifty-six of the Revised Statutes, and all 
other provisions of the statutes of the United States, so far as the 
same may be applicable, relative to the protection of fur seals and 
other fur-bearing animals within the limits of Alaska or in the waters 
thereof, shall be extended to and over all that portion of the Pacific 
Ocean included in such international arrangement. Whenever an 
effective international arrangement is concluded as aforesaid, it shall 
be the duty of the President to declare that fact by proclamation, and 
to designate the portion of the Pacific Ocean to which it is applicable, 
and that this act has become operative; and likewise when such 
arrangement ceases to declare that fact and that this act has become 
inoperative, and his proclamation with respect thereto shall be conclu- 
sive. During the extension as aforesaid of said laws for the protection 
of fur seals and other fur-bearing animals all violations thereof in said 
designated portion of the Pacific Ocean shall beheld to be the same as 
if committed within the limits of Alaska or in the waters thereof, but 
they may be prosecuted either in the district court of Alaska or in any 
district court of the United States in California, Oregon, or Washington. 

Approved February 21, 18113. 

14 



AWARD OF THE TRIBUNAL OF ARBITRATION CONSTITUTED UNDER THE TREATY 
CONCLUDED AT WASHINGTON, THE 29TH OF FEBRUARY, 1892, BETWEEN THE 
UNITED STATES OF AMERICA AND HER MAJESTY THE QUEEN OF THE UNITED 
KINGDOM OF GREAT BRITAIN AND IRELAND. 

Whereas by a Treaty between the United States of America and 
Great Britain, signed at Washington, February 29, 1892, the ratifica- 
tions of which by the Governments of the two Countries were exchanged 
at London on May the 7th, 1892, it was, amongst other things, agreed 
and concluded that the questions which had arisen between the Gov- 
ernment of the United States of America and the Government of Her 
Britannic Majesty, concerning the jurisdictional rights of the United 
States in the waters of Behrmg's Sea, and concerning also the preser- 
vation of the fur-seal in or habitually resorting to the said sea, and the 
rights of the citizens and subjects of either Country as regards the 
taking of fur-seals in or habitually resorting to the said waters, should 
be submitted to a Tribunal of Arbitration to be composed of seven 
Arbitrators, who should be appointed in the following manner, that is 
to say: two should be named by the President of the United States; 
two should be named by her Britannic Majesty; His Excellency the 
President of the French Republic should be jointly requested by the 
High Contracting Parties to name one; His Majesty the King of Italy 
should be so requested to name one; His Majesty the King of Sweden 
and Norway should be so requested to name one ; the seven Arbitrators 
to be so named should be jurists of distinguished reputation in their 
respective Countries, and the selecting Powers should be requested to 
choose, if possible, jurists who are acquainted with the English lan- 
guage; 

And whereas it was further agreed by article II of the said Treaty 
that the Arbitrators should meet at Paris within twenty days after 
the delivery of the Counter-Cases mentioned in article IV, and should 
proceed impartially and carefully to examine and decide the questions 
which had been or should be laid before them as in the said Treaty 
provided on the part of the Governments of the United States and of 
Her Britannic Majesty respectively, and that all questions considered 
by the Tribunal, including the final decision, should be determined by 
a majority of all the Arbitrators; 

And whereas by article VI of the said Treaty, it was further pro- 
vided as follows : 

In deciding the matters submitted to the said Arbitrators, it is agreed that the 
following five points shall be submitted to them in order that their award shall 
embrace a distinct decision upon each of said live points, to wit: 

1. What exclusive jurisdiction in the sea now known as the Behring's Sea, and what 
exclusive rights in the seal fisheries therein, did Russia assert and exercise prior and 
up to the time of the cession of Alaska to the United States? 

15 



16 FUR-SEAL FISHERIES IN BERING SEA. 

2. How far were these claims of jurisdiction as to the seal fisheries recognized and 
conceded by Great Britain ? 

3. Was the body of water now known as the Behring's Sea included in the phrase 
Pacific Ocean, as used in the Treaty of 1825 between Great Britain and Russia; and 
what rights, if any, in the Behring's Sea were held and exclusively exercised by 
Russia after said Treaty .' 

4. Did not all the rights of Russia as to jurisdiction and as to the seal fisheries in 
Behring's Sea east of the water boundary, in the Treaty between the United States 
and Russia of the 30th of March 1867, pass unimpaired to the United States under 
that Treaty? 

5. Has the United States any right, and if so, what right of protection or property 
in the fur-seals frequenting the islands of the United States in Behring Sea when 
such seals are found outside the ordinary three-mile limit. 

And whereas, by article VII of the said Treaty, it was further agreed 

as follows: 

If the determination of the foregoing questions as to the exclusive jurisdiction of 
the United States shall leave the subject in such position that the concurrence of 
Great Britain is necessary to the establishment of Regulations for the proper pro- 
tection and preservation of the fur-seal in, or habitually resorting to, the Behring 
Sea, the Arbitrators shall then determine what concurrent Regulations, outside the 
jurisdictional limits of the respective Governments, are necessary, and over what 
waters such Regulations should extend; 

The High Contracting Parties furthermore agree to cooperate in securing the 
adhesion of other Powers to such Regulations; 

And whereas, by article VIII of the said Treaty, after reciting that 
the High Contracting Parties had found themselves unable to agree 
upon a reference which should include the question of the liability of 
each for the injuries alleged to have been sustained by the other, or by 
its citizens, in connection with the claims presented and urged by it, 
and that "they were solicitous that this subordinate question should 
not interrupt or longer delay the submission and determination of the 
main questions," the High Contracting Parties agreed that "either of 
them might submit to the Arbitrators any question of fact involved in 
said claims and ask for a finding thereon, the question of the liability 
of either Government upon the facts found, to be the subject of further 
negotiation;" 

And whereas the President of the United States of America named 
The Honourable John M. Harlan, Justice of the Supreme Court of the 
United States, and the Honourable John T. Morgan, Senator of the 
United States, to be two of the said Arbitrators, and Her Britannic 
Majesty named the Eight Honourable Lord Hannen and The Honour- 
able Sir John Thompson, Minister of Justice and Attorney General for 
Canada, to be two of the said Arbitrators, and His Excellency the 
President of the French Republic named the Baron de Courcel, Senator, 
Ambassador of France, to be one of the said Arbitrators, and His 
Majesty the King of Italy named the Marquis Emilio Visconti Venosta, 
former Minister of Foreign Affairs and Senator of the Kingdom of 
Italy, to be one of the said Arbitrators, and His Majesty the King of 
Sweden and Norway named Mr. Gregers Gram, Minister of State to be 
one of the said Arbitrators ; 



FUR-SEAL FISHERIES IN BERING SEA. 17 

And whereas We, the said Arbitrators, so named and appointed, 
having taken upon ourselves the burden of the said Arbitration, and 
having duly met at Paris, proceeded impartially and carefully to exam- 
ine and decide all the questions submitted to us the said Arbitrators, 
under the said Treaty, or laid before us as provided in the said Treaty on 
the part of the Governments of Her Britannic Majesty and the United 
States respectively ; 

Now we, the said Arbitrators, having impartially and carefully exam- 
ined the said questions, do in like manner by this our Award decide 
and determine the said questions in manner following, that is to say, 
we decide and determine as to the five points mentioned in article VI 
as to which our Award is to embrace a distinct decision upon each of 
them: 

As to the first of the said five points, We, the said Baron de Courcel, 
Mr Justice Harlan, Lord Hannen, Sir John Thompson, Marquis Vis- 
conti Venosta and Mr Gregers Gram, being a majority of the said 
Arbitrators, do decide and determine as follows : 

By the Ukase of 1821, Russia claimed jurisdiction in the sea now 
known as the Behring's Sea, to the extent of 100 Italian miles from 
the coasts and islands belonging to her, but, in the course of the nego- 
ciations which led to the conclusion of the Treaties of 1824 with the 
United States and of 1825 with Great Britain, Russia admitted that 
her jurisdiction in the said sea should be restricted to the reach of 
cannon shot from shore, and it appears that, from that time up to the 
time of the cession of Alaska to the United States, Russia never 
asserted in fact or exercised any exclusive jurisdiction in Behring's 
Sea or any exclusive rights in the seal fisheries therein beyond the 
ordinary limit of territorial waters. 

As to the second of the said five points, We, the said Baron de Cour- 
cel, Mr. Justice Harlan, Lord Hannen, Sir John Thompson, Marquis 
Visconti Venosta and Mr Gregers Gram, being a majority of the said 
Arbitrators, do decide and determine that Great Britain did not recog- 
nize or concede any claim, upon the part of Russia, to exclusive juris- 
diction as to the seal fisheries in Behring Sea, outside of ordinary 
territorial waters. 

As to the third of the said five points, as to so much thereof as 
requires us to decide whether the body of water now known as the 
Behring Sea was included in the phrase "Pacific Ocean" as used in 
the Treaty of 1825 between Great Britain and Russia, We, the said 
Arbitrators, do unanimously decide and determine that the body of 
water now known as the Behring Sea was included in the phrase 
"Pacific Ocean" as used in the said Treaty. 

And as to so much of the said third point as requires us to decide 

what rights, if any, in the Behring Sea were held and exclusively 

exercised by Russia after the said Treaty of 1825, We, the said Baron 

de Courcel, Mr. Justice Harlan, Lord Hannen, Sir John Thompson, 

14568 2 



18 FUR-SEAL FISHERIES IN BERING SEA. 

Marquis Visconti Venosta and Mr. Gregers Gram, being a majority 
of the said Arbitrators, do decide and determine that no exclusive 
rights of jurisdiction in Behring Sea and no exclusive rights as to the 
seal fisheries therein, were held or exercised by Russia outside of ordi- 
nary territorial waters after the Treaty of 1825. 

As to the fourth of the said five points, We, the said Arbitrators, do 
unanimously decide and determine that all the rights of Russia as to 
jurisdiction and as to the seal fisheries in Behring Sea, east of the 
water boundary, in the Treaty between the United States and Russia 
of the 30 th March 1867, did pass unimpaired to the United States under 
the said Treaty. 

As to the fifth of the said five points, We, the said Baron de Courceh 
Lord Ilannen, Sir John Thompson, Marquis Visconti Venosta and 
M. Gregers (tram being a majority of the said arbitrators, do decide 
and determine that the United States has not any right of protection 
or property in the fur-seals frequenting the islands of the United 
States in Behring Sea, when such seals are found outside the ordinary 
three-mile limit. 

And whereas the aforesaid determination of the foregoing questions 
as to the exclusive jurisdiction of the United States mentioned in 
Article VJ leaves the subject in such a position that the concurrence of 
Great Britain is necessary to the establishment of Begulations for the 
proper protection and preservation of the fur-seal in or habitually resort- 
ing to the Behring Sea, the Tribunal having decided by a majority as 
to each Article of the following Regulations, We, the said Baron de 
Courcel, Lord Hannen, Marquis Visconti Venosta, and Mr. Gregers 
Gram, assenting to the whole of the nine Articles of the following 
Regulations, and being a majority of the said Arbitrators, do decide 
and determine in the mode provided by the Treaty, that the following 
concurrent Regulations outside the jurisdictional limits of the respective 
Governments are necessary and that they should extend over the waters 
hereinafter mentioned, that is to say: 

Article 1. 

The Governments of the United States and of Great Britain shall forbid their 
citizens and subjects respectively to kill, capture or pursue at any time and in any 
manner whatever, the animals commonly called fur seals, within a zone of sixty 
miles around the Pribilov Islands, inclusive of the territorial waters. 

The miles mentioned in the preceding paragraph are geographical miles, of sixty 

to a degree of latitude. 

Akticle 2. 

The two Governments shall forbid their citizens and subjects respectively to kill, 
capture or pursue, in any manner whatever, during the season extending, each year, 
from the l sl of May to the 31 st of July, both inclusive, the fur seals on the high sea, in 
the part of the Pacific Ocean, inclusive of the Behring sea, which is situated to the 
North of the 35 tb degree of North latitude, and eastward of the ISO" 1 degree of 
longitude from Greenwich till it strikes the water boundary described in Article 1 
of the Treaty of 1867 between the United States and Russia, and following that line 
up to Behring straits. 



FUR-SEAL FISHERIES IN BERING SEA. 19 

Article 3. 

During the period of time and in the waters in which the fnr seal fishing is allowed, 
only sailing vessels shall he permitted to carry on or take part in fur-seal fishing 
operations. They will however be at liberty to avail themselves of the use of such 
canoes or undecked boats, propelled by paddles, oars, or sails, as .are in common use 
as fishing boats. 

Article !. 

Kadi sailing vessel authorized to fish for fur seals must be provided with a special 
license issued for that purpose by its Government and shall be required to carry a 
distinguisl ing Hag to be prescribed by its Government. 

Article 5. 

The masters of the vessels engaged in fur seal tishing shall enter accurately in 
their official log book the date and place of each fur seal fishing operation, and 
also the number and sex of the seals captured upon each day. These entries shall 
he communicated by each of the two Governments to the other at the end of each 
fishing season. 

Article 6. 

The use of nets, fire arms and explosives shall be forbidden in the fur seal fishing. 
This restriction shall not apply to shot guns when such fishing takes place outside 
of Behring's sea, during the season when it may be lawfully carried on. 

Article 7. 

The two Governments shall take measures to control the fitness of the men author- 
ized to engage in fur seal fishing; these men shall have been proved fit to handle 
with sufficient skill the weapons by means of which this fishing may be carried on. 

Article 8. 

The regulations contained in the preceding articles shall not apply to Indians 
dwelling on the coasts of the territory of the United States or of Great Britain, and 
carrying on fur seal fishing in canoes or undecked boats not transported by or used 
in connection with other vessels and propelled wholly by paddles, oars or sails and 
manned by not more than five persons each in the way hitherto practised by the 
Indians, provided such Indians are not in the employment of other persons and pro- 
vided that, when so hunting in canoes or undecked boats, they shall not hunt fin- 
seals outside of territorial waters under contract for the delivery of the skins to any 
person. 

This exemption shall not be construed to aft'ect the Municipal law of either coun- 
try, nor shall it extend to the waters of Behring Sea or the waters of the Aleutian 
Passes. 

Nothing herein contained is intended to interfere with the employment of Indians 
as hunters or otherwise in connection with fur sealing vessels as heretofore. 

Article 9. 

The concurrent regulations hereby determined with a view to the protection and 
preservation of the fur seals, shall remain in force until they have been, in whole or 
in part, abolished or modified by common agreement between the Governments of 
the United States and of Great Britain. 

The said concurrent regulations shall be submitted every five years to a new 
examination, so as to enable both interested Governments to consider whether, in 
the light of past experience, there is occasion for any modification thereof. 



20 FUR-SEAL FISHERIES IN BERING SEA. 

And whereas the Government of Her Britannic Majesty did submit 
to the Tribunal of Arbitration by article VIII of the said Treaty certain 
questions of fact involved in the claims referred to in the said article 
VIII, and did also submit to us, the said Tribunal, a statement of the 
said facts, as follows, that is to say: 

FINDINGS OK FACT PROPOSED I5Y TIIK AGENT OF GREAT BRITAIN AND AGKEED TO 
AS PROVED BY THE AGENT FOR Till: UNITED STATES, AND SUBMITTED TO THE 
TRIBUNAL OF ARBITRATION FOR ITS CONSIDERATION. 

1. That the several searches and seizures, whether of ships or goods, and the sev- 
eral arrests of masters and crews, respectively mentioned in the Schedule to the 
British Case, pages 1 to 60 inclusive, were made by the authority of the United 
States Government. The questions as to the value of the said vessels or their con- 
tents or either of them, and the question as to whether the vessels mentioned in the 
Schedule to the British Case, or any of them, were wholly or in part the actual 
property of citizens of the United States, have been withdrawn from and have not 
been considered by the Tribunal, it being understood that it is open to the United 
States to raise these questions or any of them, if they think lit, in any future 
negotiations as to the liability of the United States Government to pay the amounts 
mentioned in the Schedule to the British Case; 

2. That the seizures aforesaid, with the exception of the "Pathfinder" seized at 
Neah-Bay, were made in Behring Sea at the distances from shore mentioned in the 
Schedule annexed hereto marked " C"; 

3. That the said several searches and seizures of vessels were made by public 
armed vessels of the United States, the commanders of which had, at the several 
times when they were made, from the Executive Department of the Government of 
the United States, instructions, a copy of one of which is annexed hereto, marked 
"A" and that the others were, in all substantia] respects, the same: that in all the 
instances in which proceedings were had in the District Courts of the United States 
resulting in condemnation, such proceedings were begun by the filing of libels, a 
copy of one of which is annexed hereto, marked "B", and that the libels in the 
other proceedings were in all substantial respects the same : that the alleged acts or 
offences for which said several searches and seizures were made were in each case 
done or committed in Behring Sea at the distances from shore aforesaid ; and that in 
each case in which sentence of condemnation was passed, except in those cases 
when the vessels were released after condemnation, the seizure was adopted by the 
Government of the United States: and in those cases in which the vessels were 
released the seizure was made by the authority of the United States; that the said 
fines and imprisonments were for alleged breaches of the municipal laws of the 
United States, which alleged breaches were wholly committed in Behring Sea at the 
distances from the shore aforesaid; 

4. That the several orders mentioned in the Schedule annexed hereto and marked 
"C" warning vessels to leave or not to enter Behring Sea were made by public armed 
vessels of the United States the commanders of which had, at the several times when 
they were given, like instructions as mentioned in finding )!, and that the vessels so 
warned were engaged in sealing or prosecuting voyages for that purpose, and that 
such action was adopted by the Government of the United States; 

5. That the District courts of the United States in which any proceedings were 
had or taken for the purpose of condemning any vessel seized as mentioned in the 
Schedule to the Case of Great Britain, pages 1 to 00. inclusive, had all the jurisdic- 
tion and powers of Courts of Admiralty, including the prize jurisdiction, but that 
in each case the sentence pronounced by the Court was based upon the grounds set 
forth in the libel. 



FUR-SEAL FISHERIES IN BERING SEA. 21 

Annex A. 
Treasury Department, Office of the Secretary, 

Washington, April 21, 1886. 
Sir: Referring to Department letter of this date, directing- you to proceed with 
the revenue-steamer Hear, under your command, to the seal Islands, etc., you are 
hereby clothed with full power to enforce the law contained in the provisions of 
Section 1956 of the United States* Revised Statutes, and directed to seize all vessels 
and arrest and deliver to the proper authorities auy or all persons whom you may 
detect violating the law referred to, after due notice shall have been given. 

You will also seize any liquors or tire-arms attempted to be introduced into the 
country without proper permit, under the provisions of Section 1955 of the Revised 
Statutes, and the Proclamation of the President dated 4 th February, 1870. 
Respectfully yours, 

(Signed) C. S. Fairchild, Acting Secretary. 

Captain M. A. Healy, 

Commanding revenue-steamer Bear, San- Francisco, California. 

Annex B. 
i\ the district court of the united states for the district OF ALASKA, 

AUGUST SPECIAL TERM, 1886. 

To the Honourable Lafayette Dawson, Judge of said District Court: 

The libel of information of M. D. Ball, Attorney for the United States for the Dis- 
trict of Alaska, who prosecutes on behalf of said United States, and being present 
here in Court in his proper person, in the name and on behalf of the said United 
States, against the schooner Thornton, her tackle, apparel, boats, cargo, and furni- 
ture, and against all persons intervening for their interest therein, in a cause of for- 
feiture, alleges and informs as follows: 

That Charles A. Abbey, an officer in the Revenue marine Service of the United 
States, and on special duty in the waters of the district of Alaska, heretofore, to wit, 
on the 1st day of August, 1886, within the limits of Alaska Territory, and in the 
waters thereof, and within the civil and judicial district of Alaska, to wit, within 
the waters of that portion of Behring sea belonging to the said district, on waters 
navigable from the sea by vessels of 10 or more tons burden, seized the ship or ves- 
sel commonly called a schooner, the Thornton, her tackle, apparel, boats, cargo, and 
furniture, being the property of some person or persons to the said Attorney 
unknown, as forfeited to the United States, for the following causes: 

That the said vessel or schooner was found engaged in killing fur-seal within the 
limits of Alaska Territory, and in the waters thereof, in violation of section 1956 of 
the Revised Statutes of the United States. 

And the said Attorney saith that all and singular the premises are and were true, 
and within the Admiralty and maritime jurisdiction of this Court, and that by rea- 
son thereof, and by force of the Statutes of the United States in such cases made 
and provided, the afore-mentioned and described schooner or vessel, being a vessel 
of over 20 tons burden, her tackle, apparel, boats, cargo, and furniture, became and 
are forfeited to the use of the said United States, and that said schooner is now 
within the district aforesaid. 

Wherefore the said Attorney prays the usual process and monition of this honour- 
aide Court issue in this behalf, and that all persons interested in the before-mentioned 
and described schooner or vessel may be cited in general and special to answer the 
premises, and all due proceedings being had, that the said schooner or vessel, her 
tackle, apparel, boats, cargo, and furniture may, for the cause aforesaid, and others 
appearing, he condemned by the definite sentence and decree of this honourable 
Court, as forfeited to the use of the said United States, according to the form of the 
Statute of the said United States in such cases made and provided. 

(Signed) M. D. Ball, 

United >Stale» District Attorney for the District of Alaska. 



22 



FUR-SEAL FISHERIES IN BERING SEA. 



Annex C. 

The following Table shows the names of the British sealing-vessels seized or 
warned by United States revenue cruizers 1886-1890, and the approximate distance 
from land when seized. The distances assigned in the eases of the Carolena, Thorn- 
ton and Onward are on the authority of 1*. S. Naval Commander Abbey (see 50"' 
Congress. 2'" 1 Session, Senate Executive Documents N° 106, pp.20, 30, 40). The dis- 
tances assigned in the eases of the Anna Heck, W. 1'. Sayward, Dolphin and Graceare 
on the authority of Captain Shepard U. S. E. M. (Blue Boole, United Stales N" 2, 
1890.— pp. 80-82. Sec Appendix, vol. III). 



Name of \ essel. 



Carolenn . 
Thornton. 
Onward . . 



Favourite 



Anna Berk 

W. P. Sayward 

Dolphin 

Grace 

Alfred Adams. 
Ada 



Hate of seizure. 



Triumph 



Juanita . . . 
Pathfinder 

Triumph . . 



August 1- 1886 . 
August 1. 1886 - 
August 2. 1886 . 

August 2. 1886 . 

July '-', 1887 ... 
July 9, 1S87 ... 
July 12, 1887 ... 
July 17, 1887 ... 
August 10,1887 
August 25, 1887 

August 4,1887. 

July 31, 1889 ... 
July 20, 1889 ... 

July 11. 1889 .... 



Appr 



iximate distance from land 
when seized. 



Black Diamond July 11, 1889 

Lily August 6,1889. 

Ariel July 30,1889 .... 

Kate August 13,1889. 

Minnie Inly 15, 1889 

Pathfinder March 27. 1890 .. 



70 miles 

115 miles 

(Warned by Corwin in about same 
I posil ion as ( iiiv. ard. 

C6 miles 

59 miles 

40 miles 

9G miles 

62 miles 

15 miles 

s Warned by Uush not to enter Beh- 
l ring Sea. 

66 miles 

50 miles 

H h'dered oul of Behring Sea by Bush. 
X ( !) As to posit ion n\ hen v\ ai ned. 

35 miles 

66 miles 

d oul of I'.ehring Sea by Rush. 

Ditto. 

65 miles 

Seized in Neah Hay (') 



United Slate 
vessel mak- 
ing seizure. 



Corwin. 
Corwin. 
Corwin. 



Rush. 
Rush. 



Rush. 
Bush. 
Bush. 
Bear. 



Bush. 

Bush. 



Bush. 

iiush. 



Rush. 

Corwin. 



(') Neah Hay is in the state of Washington, and the Pathfinder was soized there on charges made 
against her in the Behring Sea in the previous year. She was released bwo days later. 

And whereas the Government of Her Britannic Majesty did ask the 
said Arbitrators to find the said facts as set forth in the said statement, 
and whereas the Agent and Counsel for the United States Government 
thereupon in our presence informed us that the said statement of facts 
was sustained by the evidence, and that they had agreed with the 
Agent and Counsel for Her Britannic Majesty that We, the Arbitra- 
tors, if we should think fit so to do might find the said statement of 
facts to be true. 

Now, We, the said Arbitrators, do unanimously find the facts as set 
forth in the said statement to be true. 

And whereas each and every question which lias been considered by 
the Tribunal has been determined by a majority of all the Arbitrators; 

Now, We, Baron de Courcel, Lord Hannen, Mr. Justice Harlan. Sir 
John Thompson, Senator Morgan, the Marquis Visconti Venosta and 



FUR-SEAL FISHERIES IN BERING SEA. 23 

Mr Gregers Gram, the respective minorities not withdrawing their 
votes, do declare this to be the final Decision and Award in writing of 
this Tribunal in accordance with the Treaty. 

Made in duplicate at Paris and signed by us the fifteenth day of 
August in the year 1893. 

And We do certify this English Version thereof to be true and 

accurate. 

Alph. de Courgel. 

John M. Harlan. 

John T. Morgan. 

Bannen. 

Jno S D Thompson. 

Visconti Venosta. 

G. Gram. 



ACT OF CONGRESS, APPROVED APRIL 6, 1894. 

Chapter 57. An act to give effect to the award rendered by the Tri- 
bunal of Arbitration at Paris, under the treaty between the United 
States and Great Britain concluded at Washington, February twenty- 
ninth, eighteen hundred and ninety-two, for the purpose of submitting 
to arbitration certain questions concerning the preservation of the 
fur seals. 

Whereas the following articles of the award of the Tribunal of Arbi- 
tration constituted under the treaty concluded at Washington the 
twenty-ninth of February, eighteen hundred and ninety-two, between 
the United States of America and Her Majesty the Queen of the United 
Kingdom of Great Britain and Ireland were delivered to the agents of 
the respective Governments on the fifteenth day of August, eighteen 
hundred and ninety-three : 

Article 1. 

The governments of the United States and Great Britain shall forbid 
their citizens and subjects, respectively, to kill, capture, or pursue at 
any time, and in any manner whatever, the animals commonly called 
fur seals, within a zone of sixty miles around the Pribilov Islands, 
inclusive of the territorial waters. 

The miles mentioned in the preceding paragraph are geographical 
miles, of sixty to a degree of latitude. 

Article 2. 

The two Governments shall forbid their citizens and subjects, respec- 
tively, to kill, capture, or pursue, in any manner whatever, during the 
season extending, each year, from the first of May to the thirty-first of 
July, both inclusive, the fur seals on the high sea, in the part of the 
Pacific Ocean, inclusive of the Bering Sea, which is situated to the 



24 FUR-SEAL FISHERIES IN BERING SEA. 

north of the thirty-fifth degree of north latitude, and eastward of the one 
hundred and eightieth degree of longitude from Greenwich till it strikes 
the water boundary described iu article one of the treaty of eighteen 
hundred and sixty-seven between the United States and Russia, and 
following that line up to Berings Straits. 

Article 3. 

During the period of time and in the waters in which the fur-seal 
Ashing is allowed, only sailing vessels shall be permitted to carry on or 
take part in fur-seal fishing operations. They will, however, be at lib- 
erty to avail themselves of the use of such canoes or undecked boats, 
propelled by paddles, oars, or sails, as are in common use as fishing 
boats. 

Article 4. 

Each sailing vessel authorized to fish for fur seals must be provided 
with a special license issued for that purpose by its Government, and 
shall be required to carry a distinguishing flag to be prescribed by its 
Government. 

Article 5. 

The masters of the vessels engaged in fur-seal fishing shall enter 
accurately in their official log book the date and place of each fur-seal 
fishing operation, and also the number and sex of the seals captured 
upon each day. These entries shall be communicated by each of the 
two Governments to the other at the end of each fishing season. 

Article 6. 

The use of nets, firearms, and explosives shall be forbidden in the fur- 
seal fishing. This restriction shall not apply to shotguns when such 
fishing takes place outside of Behring Sea, during the season when it 
may be lawfully carried on. 

Article 7. 

The two Governments shall take measures to control the fitness of 
the men authorized to engage in fur-seal fishing; these men shall have 
been proved fit to handle with sufficient skill the weapons by means of 
which this fishing may be carried on. 

Article 8. 

The regulations contained in the preceding articles shall not apply 
to Indians dwelling on the coast of the territory of the United States 
or of Great Britain, and carrying on fur-seal fishing in canoes or un- 
decked boats not transported by or used in connection with other ves- 
sels and propelled wholly by paddles, oars, or sails and manned by not 
more than five persons each in the way hitherto practiced by the 
Indians, provided such Indians are not in the employment of other 
persons, and provided that when so hunting in canoes or undecked 



FUR-SEAL FISHERIES IN BERING SEA. 25 

boats they shall not hunt fur seals outside of territorial waters under 
contract for the delivery of the skins to any person. 

This exemption shall not be construed to affect the municipal law of 
either country, nor shall it extend to the waters of Behring Sea or the 
waters of the Aleutian Passes. 

Nothing herein contained is intended to interfere with the employ- 
ment of Indians as hunters or otherwise in connection with fur sealing 
vessels as heretofore. 

Article 9. 

The concurrent regulations hereby determined with a view to the 
protection and preservation of the fur seals shall remain in force until 
they have been, in whole or in part, abolished or modified by common 
agreement between the Governments of the United States and of Great 
Britain. 

The said concurrent regulations shall be submitted every five years 
to a new examination, so as to enable both interested Governments to 
consider whether, in the light of past experience, there is occasion for 
any modification thereof. 

Wow, therefore, be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That no citizen 
of the United States, or person owing the duty of obedience to the laws 
or the treaties of the United States, nor any person belonging to or on 
board of a vessel of the United States, shall kill, capture, or pursue, at 
any time, or in any manner whatever, outside of territorial waters, any 
fur seal in the waters surrounding the Pribilov Islands within a zone 
of sixty geographical miles (sixty to a degree of latitude) around said 
islands, exclusive of the territorial waters. 

Sec. 2. That no citizen of the United States, or person above de- 
scribed in seel ion one of this act, nor any person belonging to or on 
board of a vessel of the United States, shall kill, capture, or pursue, 
in any manner whatever, during the season extending from the first day 
of May to the thirty-first day of July, both inclusive, in each year, any 
fur seal on the high seas outside of the zone mentioned in section one, 
and in that part of the Pacific Ocean, including Behring Sea, winch is 
situated to the north of the thirty-fifth degree of north latitude and to 
the east of the one hundred and eightieth degree of longitude from 
Greenwich till it strikes the water boundary described in article one of 
the treaty of eighteen hundred and sixty-seven, between the United 
States and Russia, and following that line up to Behring Straits. 

Sec. 3. No citizen of the United States or person above described, in 
the first section of this act, shall, during the period and in the waters 
in which by section two of this act the killing of fur seals is not pro- 
hibited, use or employ any vessel, nor shall any vessel of the United 
States be used or employed, in carrying on or taking part in fur seal 
fishing operations other than a sailing vessel propelled by sails exclu- 
sively, and such canoes or undecked boats, propelled by paddles, oars, 



26 FUR-SEAL FISHERIES IN BERING SEA. 

or sails as may belong to, and be used in connection with, sncli sailing 
vessels; nor shall any sailing vessel carry on or take part in such oper- 
ations without a special license obtained from the Government for that 
purpose, and without carrying a distinctive Hag prescribed by the Gov- 
ernment for the same purpose. 

Sec. 4. That every master of a vessel licensed under this act to 
engage in fur seal fishing operations shall accurately enter into his 
official log book the date and place of every such operation, and also 
the number and sex of the seals captured each day: and on coming into 
port, and before landing cargo, the master shall verify, on oath, such 
official log book as containing a full and true statement of the number 
and character of his fur-seal fishing operations, including the number 
and sex of seals captured; and for any false statement willfully made 
by a person so licensed by the United States in this behalf he shall be 
subject to the penalties of perjury; and any seal skins found in excess 
of the statement in the official log book shall be forfeited to the United 
States. 

Sec. 5. That no person or vessel engaging in fur-seal fishing opera- 
ations under this act shall use or employ in any such operations, any 
net, firearm, airgun, or explosive: Provided, however, That this prohi- 
bition shall not apply to the use of shotguns in such operations outside 
of Behring Sea during the season when the killing of fur seals is not 
there prohibited by this act. 

Sec. 6. That the foregoing sections of this act shall not apply to 
Indians dwelling on the coast of the United States, and taking fur 
seals in canoes or undecked boats propelled wholly by paddles, oars, or 
sails, and not transported by or used in connection with other vessels, 
or manned by more than five persons, in the manner heretofore prac- 
ticed by the said Indians: Provided, however, That the exception made 
in this sect ion shall not apply to Indians in the employment of other 
persons, or who shall kill, capture, or pursue fur seals outside of terri- 
torial waters under contract to deliver the skins to other persons, nor 
to the waters of Behring Sea or of the passes between the Aleutian 
Islands. 

Sec. 7. That the President shall have power to make regulations 
respecting the special license and the distinctive tlag mentioned in this 
act and regulations otherwise suitable to secure the due execution of 
the provisions of this act, and from time to time to add to, modify, 
amend, or revoke such regulations as in his judgment may seem expe- 
dient. 

Sec. S. That, except in the case of a master making a false state- 
ment under oath in violation of the provisions of the fourth section of 
this act, every person guilty of a violation of the provisions of this act, 
or of the regulations made thereunder, shall for each offense be fined 
not less than two hundred dollars, or imprisoned not more than six 
months, or both; and all vessels, their tackle, apparel, furniture, and 



FUR-SEAL FISHERIES IN BERING SEA. 27 

cargo, at any time used or employed in violation of this act, or of the 
regulations made thereunder, shall be forfeited to the United States. 

Sec. i). That any violation of this act, or of the regulations made 
thereunder, may be prosecuted either in the district court of Alaska 
or in any district court of the United States in California, Oregon, or 
Washington. 

Sec. 10. That if any unlicensed vessel of the United States shall be 
found within the waters to which this act applies, and at a time when 
the killing of fur seals is by this act there prohibited, having on board 
seal skins or bodies of seals, or apparatus or implements suitable for 
killing or taking seals; or if any licensed vessel shall be found in the 
waters to which this act applies, having on board apparatus or imple- 
ments suitable for taking seals, but forbidden then and there to be used. 
it shall be presumed that the vessel in the one ease and the apparatus 
or implements in the other was or were used in violation of this act 
until it is otherwise sufficiently proved. 

Sec. 11. That it shall be the duty of the President to cause a suffi- 
cient naval force to cruise in the waters to which this act is applicable 
to enforce its provisions, and it shall be the duty of the commanding 
officer of any vessel belonging to the naval or revenue service of the 
United States, when so instructed by the President, to seize and arrest 
all vessels of the United States found by him to be engaged, used, or 
employed in the waters last aforesaid in violation of any of the prohibi- 
tions of this act, or of any regulations made thereunder, and to take the 
same, with all persons on board thereof, to the most convenient port in 
any district of the United States mentioned in this act, there to be dealt 
with according to law. 

Sec. 12. That any vessel or citizen of the United States, or person 
described in the first section of this act, offending against the prohibi- 
tions of this act or the regulations thereunder, may be seized and 
detained by the naval or other duly commissioned officers of Her 
Majesty the Queen of Great Britain, but when so seized aud detained 
they shall be delivered as soon as practicable, with any witnesses and 
proofs on board, to any naval or revenue officer or other authorities of 
the United States, whose courts alone shall have jurisdiction to try the 
offense and impose the penalties for the same: Provided, however, That 
British officers shall arrest and detain vessels and persons as in this 
section specified only after, by appropriate legislation, Great Britain 
shall have authorized officers of the United States duly commissioned 
and instructed by the President to that end to arrest f detain, and 
deliver to the authorities of Great Britain vessels and subjects of that 
Government offending against any statutes or regulations of Great 
Britain enacted or made to enforce the award of the treaty mentioned 
in the title of this act. 

Approved, April 6, 1894. 



28 FUR-SEAL FISHERIES IN BERING SEA. 

seal fisheeies. 

By the President of the United States of America. 

A PKOCLAMATION. 

Whereas an Act of Congress entitled "An Act to give effect to the 
Award rendered by the Tribunal of Arbitration at Paris, under the 
treaty between the United States and Great Britain, concluded at Wash- 
ington, February 29, 1892, for the purpose of submitting to arbitration 
certain questions concerning the preservation of the fur-seals" was 
approved April 0, 1894, and reads as follows: 

Whereas the following articles of the award of the Tribunal of Arbitration consti- 
tuted under the treaty concluded at Washington the twenty-ninth of February, 
eighteen hundred and ninety-two, between the United States of America and Her 
Majesty the Queeu of the United Kingdom of Great Britain and Ireland were deliv- 
ered to the agents of the respective governments on the fifteenth day of August, 
eighteen hundred and ninety-three: 

Article 1. 

The governments of the United States and Great Britain shall forbid their citizens 
and subjects respectively to kill, capture, or pursue at any time, and in any manner 
whatever, the animals commonly called fur seals, within a zone of sixty miles around 
tin' Pribilov Islands, inclusive of the territorial waters. 

The miles mentioned in the preceding paragraph are geographical miles, of sixty 
to a degree of latitude. 

Article 2. 

The two governments shall forbid their citizens and subjects respectively to kill, 
capture or pursue, in any manner whatever, during the season extending, each year, 
from the first of May to the thirty-first of July, both inclusive, the fur seals on the 
high sea, in the part of the Pacific Ocean , inclusive of the Bering Sea, which is situated 
to the north of the thirty-fifth degree of north latitude, and eastward of the one 
hundred and eightieth degree of longitude from Greenwich till it strikes the water 
boundary described in article one of the treaty of eighteen hundred and sixty-seven 
between the United States and Russia, and following that line up to Berings Straits. 

Article 3. 

During the period of time and in the waters in which the fur-seal fishing is allowed, 
only sailing vessels shall be permitted to carry on or take part in fur-seal fishing 
operations. They will however be at liberty to avail themselves of the use of such 
canoes or undecked boats, propelled by paddles, oars, or sails, as are in common use 
as fishing boats. 

Article 4. 

Each sailing vessel authorized to fish for fur seals must be provided with a special 
license issued for that purpose by its Government, and shall be required to carry a 
distinguishing flag to be prescribed by its Government. 

Article 5. 

The masters of the vessels engaged in fur-seal fishing shall enter accurately in their 
official log book the date and place of each fur-seal fishing operation, and also the 
number and sex of the seals captured upon each day. These entries shall be communi- 
cated by each of the two governments to the other at the end of each fishing season. 



FUR-SEAL FISHERIES IN BERING SEA. 29 

Article 6. 

The use of nets, firearms aud explosives shall be forbidden in the far-seal fishing. 
This restriction shall not apply to shotguns when such fishing takes place outside of 
Behring Sea, during the season when it may be lawfully carried on. 

Article 7. 

The two governments shall take measures to control the fitness of the men author-' 
ized to engage in fur-seal fishing; these men shall have been proved fit to handle 
with sufficient skill the weapons by means of which this fishing may be carried on. 

Article 8. 

The regulations contained in the preceding articles shall not apply to Indians 
dwelling on the coast of che territory of the United States or of Great Britain, and 
carrying on fur seal fishing in canoes or undecked boats not transported by or used 
in connection with other vessels and propelled wholly by paddles, oars or sails and 
manned by not more than five persons each in the way hitherto practiced by the 
Indians, provided such Indians are not in the employment of other persons and 
provided that, when so hunting in canoes or undecked boats, they shall not hunt 
fur seals outside of territorial waters under contract for the delivery of the skins 
to any person. 

This exemption shall not be construed to affect the municipal law of either coun- 
try, nor shall it extend to the waters of Behring Sea or the waters of the Aleutian 
Passes. 

Nothing herein contained is intended to interfere with the employment of Indians 
as hunters or otherwise in connection with fur sealing vessels as heretofore. 

Article 9. 

The concurrent regulations hereby determined with a view to the protection and 
preservation of the fur seals, shall remain in force until they have been, in whole or 
in part, abolished or modified by common agreement between the governments of 
the United States and of Great Britain. 

The said concurrent regulations shall be submitted every five years to a new 
examination, so as to enable both interested governments to consider whether, in the 
light of past experience, there is ocpasion for any modification thereof. 

Now therefore, he it enacted htj the Senate and House of Representatives of the United 
States of America in Congress assembled, That no citizen of the United States, or per- 
son owing the duty of obedience to the laws or the treaties of the United States, nor 
any person belonging to or on board of a vessel of the United States, shall kill, cap- 
ture, or pursue, at any time, or in any manner whatever, outside of territorial waters, 
any fnr seal in the waters surrounding the Pribilov Islands within a zone of sixty 
geographical miles (sixty to a degree of latitude) around said islands, exclusive of 
the territorial waters. 

Sec. 2. That no citizen of the United States, or person above described in section 
one of this act, nor any person belonging to or on board of a vessel of the United 
States, shall kill, capture, or pursue, in any manner whatever, during the season 
extending from the first day of May to the thirty-first day of July, both inclusive, in 
each year, any fur seal on the high seas outside of the zone mentioned in section one, 
and in that part of the Pacific Ocean, including Behring ij»ea, which is situated to the 
north of the thirty-fifth degree of north latitude and to the east of the one hundred 
and eightieth degree of longitude from Greenwich till it strikes the water boundary 
described in article one of the treaty of eighteen hundred and sixty-seven, between 
the United States and Russia, aud following that line up to Behring Straits. 

Sec. 3. No citizen of the United States or person above described, in the first sec- 
tion of this Act, shall, during the period and in the waters in which by section two 



30 FUR-SEAL FISHERIES IN BERING SEA. 

of this Act the killing of fur seals is not prohibited, use or employ any vessel, nor 
shall auy vessel of the United States be used or employed, in carrying ou or taking 
part in I'ur-seal fishing operations, other than a sailing vessel propelled by sails 
exclusively, and such canoes or undecked boats, propelled by paddles, oars, or sails 
as may belong to, and lie used in connection with, such sailing vessels; nor shall 
anj sailing vessel carry on or take part in such operations without a special license 
obtained from the Government for that purpose, and without carrying a distinctive 
flag prescribed by the Government for the same purpose. 

Sec. 4. That every master of a vessel licensed under this act to engage in fur-seal 
fishing operations shall accurately enter in his official log book the date and place 
of every such operation, and also the number and sex of the seals captured each day : 
and on coming into port, and before landing cargo, the master shall verify, on oath, 
such official log book as containing a full and true statement of the number and 
character of his fur-seal fishing operations, including the number and sex of seals 
captured; and for any false, statement willfully made by a person so licensed by the 
United States in this behalf he shall he subject to the penalties of perjury ; and any 
sea] skins found in excess of the statement in the official log book shall lie forfeited 
to the United States. 

Sec. 5. That no person or vessel engaging in fur-seal fishing operations under this 
Act shalluse or employ in any such operations, any net, firearm, airgun, or explosive: 
Provided however, That this prohibition shall not apply to the use of shotguns in 
such operations outside of Bering Sea during the season when the killing of fur 
seals is not there prohibited by this Act. 

Sec. 6. That the foregoing sections of this act shall not apply to Indians dwelling 
on the coast of the' United States, and taking fur seals in canoes or undecked boats 
propelled wholly by paddles, oars, or sails, and not transported by or used in con- 
nection with other vessels, or manned by more than live persons, in the manner here- 
tofore practiced by the said Indians: Provided, however, That the exception made in 
this section shall not apply to Indians in the employment of other persons, or who 
shall kill, capture, or pursue fur seals outside of territorial waters under contract 
to deliver the skins to other persons, nor to the waters of Behring Sea or of the passes 
between the Aleutian Islands. 

Sec. 7. That the President shall have power to make regulations respecting the 
special license and the distinctive flag mentioned in this Act and regulations other- 
wise suitable to secure the i\uv execution id' the provisions of this act, and from time 
to time to add to, modify, amend, or revoke such regulations, as in his judgment may 
seem expedient. 

Sec. 8. That, except in the case of a master making a false statement under oatli 
in violation of the provisions of the fourth section of this Act, every person guilty of 
a violation of the provisions of this Act. or of the regulations made thereunder, shall 
for each offense be lined not less than two hundred dollars, or imprisoned not mine 
than six months, or both; and all vessels, their tackle, apparel, furniture, and cargo, 
at any time used or employed in violation of this Act, or of the regulations made 
thereunder, shall lie forfeited to the United States. 

Si:< . 9. That any violation of this Act, or of the regulations made thereunder, may 
be prosecuted either in the district court of Alaska or in any district court of the 
United Stales in California, Oregon, or Washington. 

Sec. 10. That if any unlicensed vessel of the United Slates shall he found within 
the waters to which this Act applies, and at a time when the killing of fur seals is 
by this Act there prohibited, having on board seal skins or bodies of seals, or appa- 
ral us or implements suitable for killing or taking seals ; or if any licensed vessel shall 
he found in the waters to which this Act applies, having on board apparatus or imple- 
ments suitable for taking seals, hut forbidden then and there to he used, it shall bo 
presumed that the vessel in the one case and the apparatus or implements in the 
other was or were used in violation of this Act until it is otherwise sufficiently 
proved. 



FUR-SEAL FISHERIES IN BERING SEA. 31 

Sec. 11. That it shall he the duty of the President to cause a sufficient naval force 
to cruise in the waters to which this Act is applicable to enforce its provisions, and 
it shall be the duty of the commanding officer of any vessel belonging to the naval 
or revenue service of the United States, when so instructed by the President, to seize 
and arrest all Vessels of the United States found by him to be engaged, used, or 
employed in the waters last aforesaid in violation of any of the prohibitions of this 
Act, or of any regulations made thereunder, and to take the same, with all persons 
on board thereof, to the most convenient port in any district of the United States 
mentioned in this Act, there to be dealt with according to law. 

Sec. 12. That any vessel or citizen of the United States, or person described in the 
first section of this Act, offending against the prohibitions of this Act or the regula- 
tions thereunder, may be seized and detained by the naval or other duly commis- 
sioned officers of Her Majesty the Queen of Great Britain, but when so seized and 
detained they shall be delivered as soon as practicable, with any witnesses and 
proofs on board, to any naval or revenue officer or other authorities of the United 
States, whose courts alone shall have jurisdiction to try the offense and impose the 
penalties for the same: Provided, however, That British officers shall arrest and detain 
vessels and persons as in this section specified only after, by appropriate legislation, 
Great Britain shall have authorized officers of the United States duly commissioned 
and instructed by the President to that end to arrest, detain, and deliver to the 
authorities of Great Britain vessels and subjects of that Government offending against 
ariy statutes or regulations of Great Britain enacted or made to enforce the award of 
the treaty mentioned in the title of this Act. 

Approved, April 6, 1894. 

Now Therefore, Be it Known that I, Grover Cleveland, President of 
the United States of America, have caused the said Act specially to 
be proclaimed to the end that its provisions may be known and 
observed; and I hereby proclaim that every person guilty of a violation 
of the provisions of said Act will be arrested and punished as therein 
provided; and all vessels so employed, their tackle, apparel, furniture 
and cargo, will be seized and forfeited. 

In testimony whereof I have hereunto set my hand and caused the 

Seal of the United States to be affixed. 

Done at the City of Washington this 9th day of April in the year of 

our Lord One thousand eight hundred and ninety lour, and of 

[seal.] the Independence of the United States the One hundred and 

eighteenth. 

Grover Cleveland. 
By the President : 
W. Q. Geesham, 

Secretary of State. 



[Public— No. 54.] 
AN ACT To amend section one of an Act approved April sixth, eighteen hundred 
and ninety-four, entitled "An Act to give effect to the award rendered by the 
Tribunal of Arbitration, at Paris, under the treaty between the United States and 
Great Britain, concluded at Washington, February twenty-ninth, eighteen hun- 
dred and ninety-two, for the purpose of submitting to arbitration certain ques- 
tions concerning the preservation of the fur seals." 

Be it enacted by the Senate and Rouse of Representatives of the United 
States of America in Congress assembled, That section one of the Act 



32 FUR-SEAL FISHERIES IN BERING SEA. 

entitled "An Act to give effect to the award rendered by the Tribunal 
ot Arbitration, at Paris, under the treaty between the United States 
and Great Britain concluded at Washington, February twenty ninth, 
eigldeen hundred and ninety-two, for the purpose of submitting to 
arbitration certain questions concerning the preservation of the fur 
seals," approved April sixth, eighteen hundred and ninety four, be 
amended by striking out the word "exclusive" where it occurs in said 
section one and inserting the word "inclusive," so that said section 
will read: That no citizen of the United States, or person owing the 
duty of obedience to the laws or the treaties of the United States, nor 
any person belonging to or on board of a vessel of the United States, 
shall kill, capture, or pursue, at any time, or in any manner whatever, 
outside ot" territorial waters, any fur seal in the waters surrounding the 
Pribilov Islands within a zone of sixty geographical miles (sixty to a 
degree of latitude) around said islands, inclusive of the territorial 
waters. 
Approved, April 24, 1894. 



[Public—No. 76.] 

AN ACT Supplementary to an Act approved April sixth, eighteen hundred and 
ninety-four, for the execution of the award rendered at Paris, August fifteenth, 
eighteen hundred and ninety-three, by the Tribunal of Arbitration constituted 
under the treaty between the United States and (heat Britain, concluded at Wash- 
ington, February twenty-ninth, eighteen huudred and ninety-two, in relation to 
the preservation of the fur seal. 

Whereas by the seventh article of the treaty between the United 
States and Great Britain, concluded at Washington, February twenty- 
ninth, eighteen hundred and ninety-two, in relation to the preservation 
of the fur seal, the high contracting parties agree to co-operate in 
securing the adhesion of other powers to such regulations as the arbi- 
trators under said treaty might determine upon for that purpose; and 

Whereas by an Act of Congress approved April sixth, eighteen hun- 
dred and ninety-four, provision has been made by the United States 
for the execution of the regulations so determined upon and for the 
punishment of any infractions of said regulations: Therefore, 

lie it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled. That the procedure and penal- 
ties provided by said Act, in case of the violation of the provisions of 
said regulations, are hereby made applicable to and shall be enforced 
against any citizen of the United States, or person owing the duty of 
obedience to the laws or the treaties of the United States, or person 
belonging to or on board of a vessel of the United States who shall kill, 
capture, or puisne, at any time or in any manner whatever, as well as 
to and against any vessel of the United States used or employed in 
killing, capturing, or pursuing, at any time or in any manner whatever, 



FUR-SEAL FISHERIES IN BERING SEA. 33 

any fur seal or other marine fur-bearing animal, in violation of the pro- 
visions «it* any treaty or convention into which the United States may 
have entered or may hereafter enter with any other power for the pur- 
pose of protecting fur seals or other marine fur-bearing animals, or in 
violation of any regulations which the President may make for the due 
execution of such treaty or convention. 
Approved, June 5, 1894. 



RULES AND REGULATIONS PRESCRIBED UNDER THE PROVISIONS OF THE ACT OF 
CONGRESS APPROVED APRIL 6, 1894, FOR THE GOVERNMENT OF UNITED STATES 
VESSELS EMPLOYED IN FUR-SEAL FISHING DURING THE SEASON OF 1896. 

Article 1. 

Every vessel employed in fur-seal fishing shall have, in addition to the papers now 
required by law, a special license lor fur-seal fishing. 

Article 2. 

Before the issuance of the special license required by the fourth article of the 
award of the Tribunal of Arbitration, the master of any sailing vessel proposing to 
engage in the fur-seal fishery shall produce satisfactory evidence to the officer to 
whom application is made that the hunters employed by him are competent to use 
with sufficient skill the weapons by means of which this fishing may be carried on. 

Article 3. 

Every sealing vessel provided with special license shall show, under her national 
ensign, a Hag not less than four feet square, composed of two pieces, yellow and 
black, joined from the right-hand upper corner of the fly to the left-hand lower cor- 
ner of the luff, the part above and to the left to be black and the part to the right 
and below to be yellow. Between the hours of sunset and sunrise all sealing vessels 
shall exhibit two vertical lights, natural color, where, they can best be seen, not less 
than ten feet above the deck, and to be visible in clear weather at least one mile. 

Article 4. 

In order to protect from unnecessary interference sealing vessels found within the 
area of the award during the closed season (that is to say, between April 30 and 
August 1), but which have not violated the law, any sealing vessel intending to tra- 
verse the area of the award during said closed season, on her way to her home or 
other port, or to or from the sealing grounds, or for any other legitimate purpose, 
may, on the application of the master, have her sealing outfit, including guns and 
ammunition, secured under seal, and an entry thereof made on her log book. Such 
scaling up and entry shall be a protection to the vessel against seizure during the 
closed season by any cruiser, so long as the seals so affixed shall remain unbroken, 
unless there shall be evidence of violation of the articles of the award and said act 
of Congress of April 6, 1894, notwithstanding. 

Article 5. 

Such sealing up and entry may be effected in port or at sea by any naval, consular, 
or customs officer of the United States, and at sea also by the commander of a British 
cruiser. An officer will be stationed at the island of Attu for this purpose from July 
1st to August 25th. 

14568— -3 



34 



FUR-SEAL FISHERIES IN BERING SEA. 



The officer effecting the sealing up shall make entry in the vessel's log book, cer- 
tifying the fact and stating in detail the number and kind of guns and other sealing 
implements, the amount and kind of ammunition, and the number and. sex of the 
seals aud seal skins on board. 

Article 6. 

All sealing vessels bound to Bering Sea for the fur-seal fisheries shall, before 
engaging in fur-seal fishing within the award area in said sea, report to the officer 
of the Revenue-Cutter Service stationed at Attou Island, or to the deputy collector 
of customs at Unalaska. 

The said officers shall respectively secure under seal the guns and ammunition on 
board all vessels thus reporting, which have not already been so secured under tlio 
provisions of article -1 of these rules and regulations, and shall, in either event, make 
due entry thereof on the log book of said vessel, stating in detail the number and 
kind of guns and other sealing implements, the amount and kind of ammunition, and 
the number and sex of the seals and seal skins on board. Such sealing up shall 
afford the same protection as is provided under said article 4. In lieu of said seal 
ing up, the master of any vessel so reporting may deliver all guns and ammunition 
on board to the customs or revenue officers, respectively, in charge at said islands, 
said guns and ammunition to be held at the sole risk of said master until called for 
at the end of the sealing season. 

Article 7. 

Any sailing vessel of the United States may obtain special license for fur-seal fish- 
ing upon application to the chief officer of the customs in any port of the United 
States or to the United States consular officer of any port in Japan, and complying 
with the requirements of these regulations, 

Article 8. 

The masters of all vessels which have been engaged in the fur-seal fisheries, whether 
within or without the award area, whether licensed or unlicensed, shall make entry 
of their catch at the custom-house at the return port, and at the time of entry shall 
file with the collector, duly verified by oath, the official log book, or a. copy thereof, 
required to be kept by section 1. act of April <>, 1894, and in addition thereto must 
furnish under oath the information required by the form, catalogue 201, which form 
shall be duly filled out and filed on entry. Copies of this form and of the log book 
required by said act may be obtained from the collector of customs. 

Article 9. 

The foregoing regulations are intended to apply only to the season of 1896. 
Approved : 

Grover Cleveland. 



FORM OF SPECIAL LICENSE. 



THE UNITED STATES OF AMERICA, SPECIAL LICENSE FOR SEALING VESSEL — LICENSE 
FOR CARRYING ON FUR-SEAL FISHING. 

[Act of Congress approved April 6, 18H4.J 



SPECIAL LICENSE NO. 



REGISTER NO. 



OFFICIAL NUiMBER. 


Numerals. 


Letters. 







FUR-SEAL FISHERIES IN BERING SEA. 35 

In pursuance of an act of Congress approved April 6, 1894, 

-, master of the sailing vessel , having furnished satisfactory- 



evidence that the hunters to be employed on board said vessel in taking 
fur seal in the North Pacific Ocean and Bering Sea are competent to use 
the weapons for that purpose as provided in article 7 of the award of 
the Tribunal of Arbitration at Paris, license is hereby granted for the 
said sailing vessel, called the , to be employed in carrying on fur- 
seal fishing from August 1, 18 — , to April 30, 18 — , both inclusive, 
during the period of time, in the manner, and in the waters in which 
fur-seal fishing is allowed by said award and act. 

Attention is specially called to the rules and regulations, hereto attached, and to 
Circular No. 75, of 1895, which prescribes information to he given the collector of cus- 
toms on entry. Copies of said circular and also of the log hook, required under 
section 4, act of April G, 1894, may he procured, on application, from any collector of 
customs, any United States consular officer in Japan, or any officer of the patrolling 
tleet designated hy the President to patrol the award area. 

Any violation of the articles of said award, of said rules and regulations, or of 
said act of Congress shall he punished by revocation of this license and hy the 
further penalties prescribed in said act. 

Given under my hand and seal at the port of , in the District 

of , this day of , in the year one thousand eight hun- 
dred and . 



Collector of Customs. 



fur- seal fisheries. 

By the President of the United States of America. 

A PROCLAMATION. 

The following provisions of the laws of the United States are pub- 
lished hereby for the information of all concerned: 

Section 1950, Revised Statutes, chapter 3, Title XXIII, enacts that — 

No person shall kill any otter, mink, marten, sable, or fur seal, or other fur-bear- 
ing animal within tho limits of Alaska Territory, or in the waters thereof; aud every 
person guilty thereof shall, for each offense, be lined not less than two hundred nor 
more than one thousand dollars, or imprisoned not more than six months, or both; 
and all vessels, their tackle, apparel, furniture, and cargo, found engaged in viola- 
tion of this section shall be forfeited; but the Secretary of the Treasury shall have 
power to authorize the killing of any such mink, marten, sable, or other fur-bearing 
animal, except fur seals, under such regulations as he may prescribe; and it shall be 
the duty of the Secretary to prevent the killing of any fur seal, and to provide for 
the execution of the provisions of this section until it is otherwise provided bylaw; 
nor shall he grant any special privileges under this section. 

Section 3 of the act entitled "An act to provide for the protection of 
the salmon fisheries of Alaska," approved March 2, 1889, provides: 

Sec. 3. That section nineteen hundred and fifty-six of the Revised Statutes of the 
United States is hereby declared to include and apply to all the dominion of the 
United States in the waters of Bering Sea ; and it shall be the duty of the President, 



36 FUR-SEAL FISHERIES IN BERING SEA. 

at a timely season in each year, to issue his proclamation and cause the same to be 
published for one month in at least one newspaper, if any such there be published, at 
each United States port of entry on the Pacific Coast, warning all persona against 
entering said waters for the purpose of violating the provisions of said section; and 
he shall also cause one or more vessels of the United States to diligently cruise said 
waters and arrest all persons, and seize all vessels found to be, or to have been, 
engaged in any violation of the laws of the United States therein. 

The act entitled "An act to extend to the North Pacific Ocean the 
provisions of the statutes for the protection of the fur seals and other 
fur-bearing animals," approved February 21, 1893, provides: 

That whenever the Government of the United States shall conclude an effective 
international arrangement for the protection of fur seals in the North Pacific Ocean, 
by agreement with any power, or as a result of the decision of the Tribunal of Arbi- 
tration under the convention concluded between the United States and Great Britain 
February twenty-ninth, eighteen hundred and ninety-two, and so long as such 
arrangement shall continue, the provisions of section nineteen hundred and fifty-six 
of the Revised Statutes, and all other provisions of the statutes of the United States, 
so far as the same may be applicable, relative to the protection of fur seals and other 
fur-bearing animals within the limits of Alaska, or in the waters thereof, shall bo 
extended to and over all that portion of the Pacific Ocean included in such inter- 
national arrangement. Whenever an effective international arrangement is con- 
cluded as aforesaid, it shall be the duty of the President to declare that fact by 
proclamation, and to designate the portion of the Pacific Ocean to which it is appli- 
cable, and that this act has become operative; and likewise, when such arrangement 
ceases, to declare that fact, and that this act has become inoperative, and his proc- 
lamation in respect thereto shall be conclusive. During the extension as aforesaid 
of said laws for the protection of fur seals or other fur-bearing animals, all viola- 
tions thereof in said designated portion of the Pacific Ocean shall be held to be the 
same as if committed within the limits of Alaska or in the waters thereof, but they 
may be prosecuted either in the district court of Alaska or in any district court of 
the United States in California, Oregon, or Washington. 

An arrangement having been made for the protection of fur seals, as 
a result of the decision of the Tribunal of Arbitration under the con- 
vention concluded as aforesaid, February 29, 181)2, which prohibits the 
killing of seals at any time within a radius of sixty miles around the 
Pribilof islands, or during May, June, and -Inly of each year, in that 
portion of the Pacific Ocean, inclusive of Bering Sea, situated to the 
north of the 35th degree of north latitude, and eastward of the 180th 
degree of longitude from Greenwich until it strikes the water bound- 
ary described in article one of the treaty of 1867 between the United 
States and Russia, and following that line up to Bering Straits: 

Xow, therefore, be it known that 1, Grover Cleveland, President 
of the United States of America, hereby declare that the said act of 
Congress of February 21, 1893, has become operative; that, in accord- 
ance therewith, section 1956 of the Revised Statutes is applicable to 
the waters above mentioned, included in the award of the Tribunal at 
Paris given under the said convention of February 29, 1892, and that 
I have caused the foregoing laws specially to be proclaimed to the end 
that their provisions may be known and observed. 

I hereby proclaim that every person guilty of a violation of the pro- 



PUR-SEAL FISHERIES IN BERING SEA. 37 

visions of said laws and of any other provisions of the statutes of the 
United States so far as the same may be applicable relative to the pro- 
tection of fur-bearing animals within the limits of Alaska or in the 
waters thereof, will be arrested and punished as therein provided, and 
all vessels so engaged, their tackle, apparel, furniture, and cargo, will 
be seized and forfeited. 

In testimony whereof I have hereunto set my hand and caused the 
seal of the United States to be affixed. 

Done at the city of Washington this fourteenth day of April, in the 
year of our Lord one thousand eight hundred and ninety-six, and of 
the Independence of the United States the one hundred and twentieth. 

[seal.] Geover Cleveland. 

By the President: 
Richard Olney, 

Secretary of State. 



ACTS OF PARLIAMENT AND ORDERS IN COUNCIL. 

SEAL FISHING (BEHRING'S SEA) ACT 1891. 

PUBLIC GENEEAL STATUTES, VOL. XXVIII, 1891, LIV, LV. VIC. 

Chapter 19. — An act to enable Her Majesty, by order in Council, to make special 
provision for prohibiting the catching of seals in Behring's Sea by Her Majesty's 
subjects during the period named in the order. (11th June, 1891.) 

Be it enacted by the Queen's most excellent Majesty, by and with the 
advice and consent of the Lords Spiritual and Temporal and Commons, 
in this present Parliament assembled, and by the authority of the same, 
as follows: 

1. (1) Her Majesty the Queen may, by order in council, prohibit the 
catching of seals by British ships in Behring's Sea, or such part thereof 
as is defined by the said order, during the period limited by the order. 

(2) While an order in council under this act is in force — 

(a) A person belonging to a British ship shall not kill, or take, or 
hunt, or attempt to kill or take, any seal within Behring's Sea during 
the period limited by the order; and 

(b) A British ship shall not, nor shall any of the equipment or crew 
thereof, be used or employed in such killing, taking, hunting, or attempt. 

(3) If there is any contravention of this act, any person committing, 
procuring, aiding, or abetting such contravention shall be guilty of a 
misdemeanor within the meaning of the merchant shipping act, 1854, 
and the ship and her equipment and everything on board thereof shall 
be forfeited to Her Majesty as if an offence had been committed under 
section one hundred and three of the said act, and the provisions of 
sections one hundred and three and one hundred and four, and part ten 
of the said act (which are set out in the schedule to this act) shall apply 



38 FUR-SEAL FISHERIES IN BERING SEA. 

as if they were herein re-enacted, and in terms made applicable to an 
offence and forfeiture under this act. 

(4) Any commissioned officer on full pay in the naval service of Her 
Majesty shall have power, during the period limited by the order, to 
stop and examine any British ship in Behring's Sea, and to detain her 
or any portion of her equipment, or any of her crew, if, in his judg- 
ment, the ship is being or is preparing to be used or employed in 
contravention of this section. 

(5) If a British ship is found within Behring's Sea having on board 
thereof fishing or shooting implements or seal skins or bodies of seals, 
it shall lie on the owner or master of such ship to prove that the ship 
was not used or employed in contravention of this act. 

2. (1) Her Majesty, the Queen, in Council, may make, revoke, and 
alter orders for the purposes of this act, and every such order shall be 
forthwith laid before both Houses of Parliament and published in the 
London Gazette. 

(2) Any such order may contain any limitations, conditions, qualifi- 
cations, and exceptions which appear to Her Majesty in Council expe- 
dient for carrying into effect the object of this act. 

3. (1) This act shall apply to the animal known as the fur seal, and 
to any marine animal specified in that behalf by an order in council 
under this act, and the expression "seal" in this act shall be construed 
accordingly. 

(2) The expression "Behring's Sea" in this act means the seas known 
as Behring's Sea within the limits described in an order under this act. 

(3) The expression "equipment" in this act includes any boat, tackle, 
fishing or shooting instruments, and other things belonging to the ship. 

(4) This act may be cited as the seal fishery (Behring's Sea) act, 1801. 
(Here follow schedules same as those in Behring Sea award act, 1894.) 



SEAL PISHING (BEHRING'S SEA) ORDER IN COUNCIL 1891. 
AT THE COURT AT WINDSOR, THE 23RD DAY OF JUNE, 1891. 

Present, the Queen's Most Excellent Majesty, Lord President, Mar- 
quess of Salisbury, Earl of Limerick, Lord Arthur Hill. 

Whereas by the seal fishery (Behring's Sea) act, 1891, it is enacted 
that Her Majesty the Queen may by order in council prohibit the 
catching of seals by British ships in Behring's Sea, or such part thereof 
as is defined by the said order, during the period limited by the order; 

And whereas the expression "Behring's Sea" in the said act means 
the seas known as Behring's Sea within the limits described in an order 
under the said act: 

Now, therefore, Her Majesty, in virtue of the powers vested in her by 
the said recited act, by and with the advice of Her Privy Council, is 
hereby pleased to order, and it is hereby ordered, as follows: 

1. This order may be cited as the seal fishery (Behring's Sea) order 
iu council, 1891. 



FUR-SEAL FISHERIES IN BERING SEA. 39 

2. From and after the 24th day of June, 1891, until the 1st day of 
May, 1892, the catching of seals by British ships in Behring's Sea, as 
hereinafter defined, is hereby prohibited. 

3. For the purposes of the said recited act and of this order the 
expression "Behring's Sea" means so much of that part of the Pacific 
Ocean known as Behring's Sea as lies between the parallel of 05° 30' 
north latitude and the chain of the Aleutian Islands, and eastward of 
the following line of demarcation, that is to say, a line commencing at 
a point in Behring's Straits on the. said parallel of 05° 30' north latitude, 
at its intersection by the meridian which passes midway between the 
islands of Krusenstern or Ignalook and the island of Ratmanoff or 
Noonarbook, and proceeding thence in a course nearly southwest 
through Behring's Straits and the seas known as Behring's Sea, so as 
to pass midway between the northwest point of the island of St. Law- 
rence and the southeast point of Cape Choukotski to the meridian of 
172° west longitude; thence from the intersection of that meridian in a 
southwesterly direction, so as to pass midway between the island of 
Attou and the Copper Island of the Kormandorski couplet or group in 
the North Pacific Ocean, to the meridian of 193° west longitude. 

0. L. Peel. 



SEAL FISHING (BEHRING'S SEA) ORDER IN COUNCIL 1892. 
AT THE COURT AT WINDSOR, THE 9TH DAY OF MAY, 1892. 

Present, the Queen's Most Excellent Majesty, Lord President, Lord 
Steward, Earl of Yarborough, Sir Walter Barttelot, Bart., Mr. Forwood. 

Whereas by the seal fishery (Behring's Sea) act, 1891, it is enacted 
that Her Majesty the Queen may by order in council prohibit t\ie catch- 
ing of seals by British ships in Behring's Sea, or such part thereof as is 
defined by the said order, during the period limited by the order; 

And whereas the expression "Behring's Sea" in the said act means 
the seas known as Behring's Sea within the limits described in an order 
under the said act ; 

And whereas an order in council was issued on the 23rd day of June, 
1891, prohibiting the catching of seals by British ships iii Behring's 
Sea, as therein defined, until the 1st day of May, 1892: 

Now, therefore, Her Majesty, in virtue of the powers vested in her 
by the said recited act, by and with the advice of Her Privy Council, 
is hereby pleased to order, and it is hereby ordered, as follows: 

1. This order may be cited as the seal fishery (Behring's Sea) order 
in council, 1892. 

2. From and after the date of the present order until the 1st day of 
May, 1893, the catching of seals by British ships in Behring's Sea as 
hereinafter denned is hereby prohibited. 

3. For the purposes of the said recited act and of this order the expres- 
sion u Behring's Sea" means so much of that part of the Pacific Ocean 
known as Behring's Sea as lies between the parallel of C5 G 30' north 



40 FUR-SEAL FISHERIES IN BERING SEA. 

latitude and the chain of the Aleutian Islands, and eastward of the 
following line of demarcation, that is to say, a line commencing at a 
point in Behring's Straits on the said parallel of 65° 30' north latitude, 
at its intersection by the meridian which passes midway between the 
islands of Krusenstern or Ignalook and the island of Katmanoff or 
jSoonarbook; and proceeding thence in a course nearly southwest 
through Behring's Straits and the seas known as Behring's Sea, so as 
to pass midway between the northwest point of the island of St. Law- 
rence and the southeast point of Cape Choukotski to the meridian of 
172° west longitude; thence from the intersection of that meridian in a 
southwesterly direction, so as to pass midway between the island of 
Attou and the Copper Island of the Kormandorski couplet or group in 
the North Pacific Ocean to the meridian of 193° west longitude. 

Herbert M. Suft. 



SEAL FISHING (BEHRING'S SEA) ORDER IN COUNCIL 1893. 
AT THE COURT AT WINDSOR, THE 16TH DAY OF MAY, 1893. 

Present, the Queen's Most Excellent Majesty, Lord President, Mar- 
quess of Eipon, Mr. Secretary Asquith. 

Whereas by "the seal fishery (Behring's Sea) act 1891," it is enacted 
that Her Majesty the Queen may by order in council prohibit the catch- 
ing of seals by British ships in Behring's Sea or such part thereof as is 
defined by the said order during the period limited by the order: 

And whereas the expression "Behring's Sea" in the said act means 
the seas known as Behring's Sea within the limits described in an order 
under the said act: 

And whereas an order in council was issued on the twenty-third day 
of June, one thousand eight hundred and ninety-one, prohibiting the 
catching of seals by British ships in Behring's Sea, as therein defined, 
until the first day of May, one thousand eight hundred and ninety-two : 

And whereas a further order in council was issued on the ninth day of 
May, one thousand eight hundred and ninety-two, prohibiting the catch- 
ing of seals by British ships in Behring's Sea, as therein defined, until 
the first day of May, one thousand eight hundred and ninety-three. 

Now, therefore, Her Majesty, in virtue of the powers vested in her 
by the said recited act by and with the advice of Her Privy Council, is 
hereby pleased to order, and it is hereby ordered, as follows: 

1. This order may be cited as the seal fishery (Behring's Sea) order 
in council, 1893. 

2. From and after the date of the present order until the first day 
of May, one thousand eight hundred and ninety-four, unless Her 
Majesty in council shall otherwise direct, the catching of seals by 
British ships in Behring's Sea as hereinafter defined is hereby 
prohibited. 



FUR-SEAL FISHERIES IN BERING SEA. 41 

3. For the purposes of the said recited act and of this order the 
expression "Behring's Sea" means so much of that part of the Pacific 
Ocean known as Behring's Sea as lies between the parallel of 65° 30' 
north latitude and the chain of the Aleutian Islands, aud eastward of 
the following line of demarcation — that is to say, a line commencing at 
a point in Behring's Straits on the said parallel of 05° 30' north lati- 
tude, at its intersection by the meridian which passes midway between 
the islands of Krusenstern or Ignalook aud the island of Batmanoff or 
Noonarbook, and proceeding thence in a course nearly southwest 
through Behring's Straits and the seas known as Behring's Sea so as to 
pass midway between the northwest point of the island of Saint Law- 
rence and the southeast point of Cape Choukotski to the meridian of 
172° west longitude; thence from the intersection of that meridian in a 
southwesterly direction so as to pass midway between the island oi 
Attou and the Copper Island of the Kormandorski couplet or group in 
the North Pacific Ocean to the meridian of 193° west longitude. 

C. L. Peel. 



(56 VICT.) SEAL FISHERY (NORTH PACIFIC) ACT, 1893. (CHAP. 23.) 

Chapter 23. — An act to provide for prohibiting the catching of seals at certain 
periods in Behring's Sea and other parts of the Pacific Ocean adjacent to Behring's 
Sea. (June 29, 1893.) 

Whereas it is expedient to extend the seal fishery (Behring's Sea) 
act, 1891, to other waters of the North Pacific Ocean adjacent to 
Behring's Sea, and for that purpose to repeal and reenact that act: 

Be it therefore enacted by the Queen's most Excellent Majesty, by 
and with the advice and consent of the Lords Spiritual and Temporal, 
aud Commons, in this present Parliament assembled, and by the au- 
thority of the same, as follows : 

1. (1) Her Majesty, the Queen, may, by order in council, prohibit 
during the period specified by the order, the catching of seals by Brit- 
ish ships in such parts of the seas to which this act applies as are 
specified by the order. 

(2) While an order in council under this act is in force — 

(a) A person belonging to a British ship shall not kiH, take, or hunt, 
or attempt to kill or take, any seal during the period and within the 
seas specified by the order; and 

(b) A British ship shall not, nor shall any of the equipment or crew 
thereof, be used or employed in such killing, taking, hunting, or attempt. 

(3) If there is any contravention of this act, any person committing, 
procuring, aiding, or abetting such contravention shall be guilty of a 
misdemeanor within the meaning of the merchant shipping act, 1854, 
and the ship and her equipment, and everything on board thereof, shall 
be forfeited to Her Majesty as if an offence had been committed under 
section one hundred and three of the said act, and the provisions of 



42 FUR-SEAL FISHERIES IN BERING SEA. 

sections one hundred and three and one hundred and four, and part ten 
of the said act, and of section thirty-four of the merchant slapping act, 
1870 (which are set out in the schedule to this act), shall apply as if 
they were herein reenacted and in terms made applicable to an offence 
and forfeiture under this act, and any commissioned officer on full pay 
in the naval service of Her Majesty the Queen may seize the ship's cer- 
tificate of registry. 

(4) Any commissioned officer on full pay in the naval service of Her 
Majesty the Queen shall have power, during the period and in the seas 
specified by the order, to stop and examine any British ship, and to 
detain her, or any portion of her equipment, or any of her crew, if in 
his judgment the ship is being or is preparing to be used or employed 
in contravention of this section. 

(5) For carrying into effect an arrangement with any foreign State, 
an order in council under this act may provide that such officers of 
that State as are specified in the order may exercise the like powers 
under this act as may be exercised by such a commissioned officer 
as aforesaid in relation to a British ship, and the equipment and crew 
and certificate thereof, and that such British officers as are specified 
in the order may exercise, with the necessary modifications, the powers 
conferred by this act in relation to a- ship of the said foreign State, and 
the equipment and crew and papers thereof. 

(0) If during the period and within the seas specified by the order a 
British ship is found having on board thereof fishing or shooting imple- 
ments or seal skins or bodies of seals, it shall lie on the owner or master 
of such ship to prove that the ship was not used or employed in con- 
travention of this art. 

2. (1) Where an officer has power under this act to seize a ship's 
certificate of registry, he may either retain the certificate and give a 
provisional certificate in lieu thereof, or return the certificate with an 
indorsement of the grounds on which it was seized, and in either case 
may direct the ship, by an addition to the provisional certificate or to 
the indorsement, to proceed forthwith to a specified port, being a port 
where there is a British court having authority to adjudicate in the 
matter, and if this direction is not complied with the owner and mas- 
ter of the ship shall, without prejudice to any other liability, each be 
liable to a fine not exceeding one hundred pounds. 

(2) Where in pursuance of this section a provisional certificate is 
given to a ship or the ship's certificate is indorsed, any British officer 
of customs or British consular officer may" detain the ship until satis- 
factory security is given for her appearance in any legal proceedings 
which may be taken against her in pursuance of this act. 

3. (1) A statement in writing, purporting to be signed by an officer 
having power in pursuance of this act to stop and examine a ship, as 
to the circumstances under which or grounds on which he stopped and 
examined the ship, shall be admissible in any proceedings, civil or 
criminal, as evidence of the facts or matters therein stated. 



FUR-SEAL FISHERIES IN BERING SEA. 43 

(2) If evidence contained in any such statement was taken on oatli 
in the presence of the person charged in the evidence, and that person 
had an opportunity of cross-examining' the person giving the evidence 
and of making his reply to the evidence, the officer making the state- 
ment may certify that the evidence was so taken and that there was 
such opportunity, as aforesaid. 

4. (1) Her Majesty the Queen, in council, may make, revoke, and 
alter orders for the purpose of this act, and every such order shall be 
forthwith laid before both Houses of Parliament and published in the 
London Gazette. 

(2) Any such order may contain any limitations, conditions, qualifi- 
cations, and exceptions which appear to Her Majesty in council expedi- 
ent for carrying into effect the object of this act. 

5. (1) This act shall apply to the animal known as the fur seal, and 
to any marine animal specified in that behalf by an order in council 
under this act, and the expression " seal " in this act shall be construed 
accordingly. 

(2) This act shall apply to the seas within that part of the Pacific 
Ocean known Behring's Sea, and within such other parts of the Pa- 
cific Ocean as are north of the forty-second parallel of (north) latitude. 

(3) The expression "equipment" in this act includes any boat, tackle, 
fishing or shooting instruments, and other things belonging to a ship. 

(4) This act may be cited as the seal fishery (North Pacific) act, 1893. 

(5) The seal fishery (Behring's Sea) act, 1891, is hereby repealed, but 
any order in council in force under that act shall continue as if it had 
been made in pursuance of this act. 

(6) This act shall be and remain in force until the first day of July, 
1895. 

Under section 1 of the foregoing act an imperial order in council 
was passed. 



SEAL PISHING (NORTH PACIFIC) ORDER IN COUNCIL 1893. 
AT THE COTJKT AT WINDSOE, THE 4TH DAY OF JULY, 1893. 

Present, the Queen's Most Excellent Majesty, Lord President, Lord 
Steward, Lord Kensington, Lord Vivian. 

Whereas by "the seal fishery (North Pacific) act, 1893," it is enacted 
that Her Majesty the Queen may by order in council prohibit, during 
the period specified by the order, the catching of seals by British ships in 
such parts of the seas to which that act applies as are specified by the 
order; and that for carrying into effect an arrangement with any foreign 
State an order in council may provide that such officers of that State 
as are specified in the order may exercise the like powers under the act 
as may be exercised by a commissioned officer on full pay in the naval 
service of Her Majesty in relation to a British ship, and the equipment 
and crew and certificate thereof; and that' any such order may contain 



44 FUR-SEAL FISHERIES IN BERING SEA. 

any limitations, conditions, qualifications, and exceptions which appear 
to Her Majesty in council expedient for carrying into effect the object 
of the said act; 

And whereas the said act applies to the seas within that part of the 
Pacific Ocean known as Behring's Sea, and within such other parts of 
the North Pacific Ocean as are north of the Forty-second parallel 
of north latitude; 

And whereas an arrangement has been made between Her Majesty 
the Queen and IJis Imperial Majesty the Emperor of Russia, whereby 
British ships engaged in hunting seals within such parts of the said 
seas as are hereinafter specified may be be seized by Russian cruizers: 

Now, therefore, Her Majesty, in virtue of the powers vested in her 
by the said recited act, and of all other powers enabling her in that 
behalf, is hereby pleased, by and with the advice of Her Privy Council, 
to order, and it is hereby ordered, as follows: 

1. From and after the fourth day of July, one thousand eight hun- 
dred and ninety-three, until the first day of January, one thousand 
eight hundred and ninety-four, the catching of seals by British ships is 
hereby prohibited within such parts of the seas to which the recited act 
applies as are comprised within the following zones, that is to say: (1) 
a zone of 10 marine miles on all the Russian coasts of Behring Sea and 
the North Pacific Ocean, and (2) a zone of 30 marine miles round the 
Komandorsky Islands and Tulenew (Kobben Island). 

2. The powers which, under the recited act, may be exercised by any 
commissioned officer on full pay in the naval service of Her Majesty 
may be exercised by the captain or other officer in command of any 
war vessel of His Imperial Majesty the Emperor of Russia in relation 
to a British ship, and the equipment and crew and certificate thereof. 

3. This order may be cited as " the seal fishery (North Pacific) order 
in council, 1893." 

C. L. Peel. 



SEAL FISHING (NORTH PACIFIC) ORDER IN COUNCIL 1894. 

AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT, THE 29TH DAY OF JANUARY, 

1894. 

Present, the Queen's Most Excellent Majesty, Lord Steward, Sir 
William Vernon Harcourt, Sir Henry Ponsonby, Sir John Cowell, 
Sb Philip Currie. 

Whereas by " the seal-fishery (North Pacific) act, 1803," it is enacted 
that Her Majesty the Queen may, by order in council, prohibit, during 
the period specified by the order, the catching of seals by British ships 
in such parts of the seas to which thai act applies as are specified by 
the order; and that for carrying into effect an arrangement with 
any foreign State, an order in council may provide that such officers of 
that State as are specified in the order may exercise the like powers 
under the act as may be exercised by a commissioned officer on full 



FUR-SEAL FISHERIES IN BERING SEA. 45 

pay iii the naval service of Her Majesty in relation to a British ship 
and the equipment and crew and certificate thereof; and that any such 
order may contain any limitations, conditions, qualifications, and 
exceptions which appear to Her Majesty in Council expedient for car- 
rying - into effect the object of the said act; 

And whereas the said act applies to the seas within that part of tho 
Pacific Ocean known as Behriug Sea and within such other parts of 
the North Pacific Ocean as are north of the 42nd parallel of north 
latitude; 

And whereas an arrangement has been made between Her Majesty 
the Queen and His Imperial Majesty the Emperor of Russia, whereby 
British ships engaged in hunting seals within such parts of the said 
seas as are hereinafter specified may be seized by Russian cruisers; 

And whereas an order in council, intituled "the seal fishery (North 
Pacific) order in council, 1893," was issued on the 4th day of July, 1893, 
prohibiting the catching of seals by British ships within the zones as 
therein defined until the 1st day of January, 1894: 

Now, therefore, Her Majesty, in virtue of the powers vested in her 
by the said recited act, and of all other powers enabling her in that 
behalf, is hereby pleased, by and with the advice of Her Privy Council, 
to order, and it is hereby ordered, as follows : 

1. From and after the date of the present order until Her Majesty in 
council shall otherwise direct the catching of seals by British ships is 
hereby prohibited within such parts of the seas to which the recited 
act applies as are comprised within the following zones, that is to say: 

(1) A zone of 10 marine miles on all the Russian coasts of Behring 
Sea and the North Pacific Ocean; and 

(2) A zone of 30 marine miles round the Kormandorsky Islands and 
Tulenew (Robben Island). 

2. The powers which under the recited act may be exercised by any 
commissioned officer on full pay in the naval service of Her Majesty 
may be exercised by the captain or other officer in command of any war 
vessel of His Imperial Majesty the Emperor of Russia in relation to a 
British ship and the equipment and crew and certificate thereof. 

3. This order may be cited as " the seal fishery (North Pacific) order 
in council, 1894." 

C. L. Peel. 



BEHRING SEA AWARD ACT, 1894. 

Chapter 2. — An Act to provide for carrying into effect the award of the Tribunal 
of Arbitration constituted under a treaty between Her Majesty the Queen and the 
United States of America. (23rd April, 1894.) 

Whereas by a treaty between Her Majesty the Queen and the Gov- 
ernment of the United States of America various questions which had 
arisen respecting the taking and preservation of the fur seal in the 
North Pacific were referred to arbitrators as mentioned in the treaty^ 



46 FUR-SEAL FISHERIES IN BERING SEA. 

Aud whereas the award of such arbitrators (in this act referred to 
as the Behring Sea Arbitration Award) dated the fifteenth day of 
August, one thousand eight hundred and ninety-three, contained the 
provisions set out in the first schedule to this act; and it in expedient 
to provide for carrying the same into effect: 

Be it therefore enacted, by the Queen's Most Excellent Majesty, by 
and with the advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows: 

1. (1) The provisions of the Behring Sea Arbitration Award set out 
in the first schedule to this act shall have effect as if those provisions 
(in this act referred to as the scheduled provisions) were enacted by 
this act, and the acts directed by articles one and two thereof to be for- 
bidden were expressly forbidden by this act. 

(2) If there is any contravention of this act, any person committing, 
procuring, aiding, or abetting such contravention shall be guilty of a 
misdemeanor within the meaning of the merchant shipping act, 1854, 
and the ship employed in such contravention, and her equipment, and 
everything on board thereof, shall be liable to be forfeited to Her Majesty 
as if an offence had been committed under section one hundred and 
three of the said act; provided, that the court, without prejudice to any 
other power, may release the ship, equipment, or thing, on payment of 
a fine not exceeding live hundred pounds. 

(3) The provisions of the merchant shipping act, 1854, with respect 
to official logs (including the penal provisions) shall apply to every 
vessel engaged in far seal fishing. 

(1) Every person who forges or fraudulently alters any licence or 
other document issued for the purpose of article four or of article seven 
in the first schedule to this act, or who procures any such licence or 
document to be forged or fraudulently altered, or who knowing any 
such licence or document to be forged or fraudulently altered uses the 
same, or who aids in forging or fraudulently altering any such licence 
or document, shall be guilty of a misdemeanor within the meaning of 
the merchant shipping act, 1851. 

(5) Subject to this act, the provisions of sections one hundred and 
three and one hundred and four and part ten of the merchant shipping 
act, 1851, and of section thirty-four of the merchant shipping act, 1870, 
which are set out in the second schedule to this act, shall apply as if 
they were herein reenacted, and in terms made applicable to an offence 
and forfeiture under this act; and any commissioned officer on full pay 
in the naval service of Her Majesty the Queen may seize the ship's 
certificate of registry. 

2. (1) Where an officer seizes under this act a ship's certificate of 
registry, he shall either retain the certificate and give a provisional 
certificate in lieu thereof, or return the certificate with an indorse- 
ment of the grounds on which it was seized, and in either case shall 
direct the ship, by an addition to the provisional certificate or to the 



FUK-SEAL FISHERIES IN BEEING SEA. 47 

indorsement, to proceed forthwith to a specified port, being a port 
where there is a British court having authority to adjudicate in the 
matter, and if this direction is not complied with, the owner and mas- 
ter of the ship shall, without prejudice to any other liability, each be 
liable to a fine not exceeding one hundred pounds. 

(2) Where in pursuance of this section a provisional certificate is 
given to a ship, or the ship's certificate is indorsed, any officer of cus- 
toms in Her Majesty's dominions or British consular officer may detain 
the ship until satisfactory security is given for her appearance in any 
legal proceedings which may be taken against her in pursuance of 
this act. 

3. (1) Her Majesty the Queen in Council may make, revoke, and 
alter orders for carrying into effect the scheduled provisions, and this 
act, and every such order shall be forthwith laid before both Houses 
of Parliament and published in the London Gazette, and shall have 
effect as if enacted in this act. 

(2) If there is any contravention of any regulation made by any such 
order, amy person committing, procuring, aiding, or abetting such con- 
travention shall be liable to a penalty not exceeding one hundred 
pounds. 

(3) An order in council under this act may provide, that such officers 
of the United States of America as are specified in the order may, in 
respect of offences under this act, exercise the like powers under this 
act as may be exercised by a commissioned officer of Her Majesty in 
relation to a British ship, and the equipment and certificate thereof, or 
such of those powers as appear to Her Majesty in council to be exer- 
ciseable under the law of the United States of America against ships 
of the United States ; and that such British officers as are specified iu 
the order may exercise the powers conferred by this act, with any nec- 
essary modifications specified in the order, in relation to a ship of the 
United States of America, and the equipment and certificate thereof. 

4. (1) Where any offence under this act has been committed by some 
person belonging to a ship, or by means of a ship, or the equipment of 
a ship, the master of the ship shall be deemed guilty of such offence, 
and the ship and her equipment shall be liable to forfeiture under 
this act; 

(2) Provided that if it is proved that the master issued proper orders 
for the observance, and used due diligence to enforce the observance 
of this act, and the regulations in force thereunder, and that the 
offence in question was actually committed by some other person with- 
out his connivance, and that the actual offender has been convicted, or 
that he has taken all proper means in his power to prosecute such 
offender, if alive, to conviction, the master or the ship shall not be 
liable to any penalty or forfeiture other than such sum as will prevent 
any profit accruing by reason of the offense to the master or crew or 
owner of the ship, 



48 FUR-SEAL FISHERIES IN BERING SEA. 

5. The expression "equipment" in this act includes any boat, tackle, 
fishing, or shooting instruments, and other things belonging to a ship. 

6. This act may be cited as the Behring Sea award act, 1894. 

7. (1) This act shall come into operation on the first day of May, one 
thousand eight hundred and ninety-four, provided that tier Majesty in 
council, if at any time it appears expedient so to do, having regard to 
the circumstances which have then arisen in relation to the scheduled 
provisions or to the enforcement thereof, may suspend the operation of 
this act or any part thereof during the period mentioned in the order, 
and the same shall be suspended accordingly. 

(2) Where on any proceeding in any court against a person or ship 
in respect of any offence under this act it is proved that the ship sailed 
from its port of departure before the provisions of the award mentioned 
in the first schedule to this act were known there, and that such per- 
son or the master of the ship did not, after such sailing and before the 
alleged offence, become aware of those provisions, such person shall be 
acquitted, and the ship shall be released and not forfeited. 

8. This act shall remain in force so long as the scheduled provisions 
remain in force and no longer; 

Provided that if by agreement between Her Majesty the Queen and 
the Government of the United States of America, the scheduled provi- 
sions are modified, then Her Majesty in council may order that this act 
shall, subject to any modifications specified in the order, apply, and 
the same shall accordingly apply, to the modified provisions in like 
manner as if they were set out in the first schedule to this act. 



SCHEDULES. 
First Schedule. 

Provisions in award of the Tribunal of Arbitration constitutor! under the 
treaty concluded at Washington on the 29th of February, 1S9.2, between 
Her Majesty the Queen and the United States of America. 

And whereas the aforesaid determination of the foregoing questions 
as to the exclusive jurisdiction of the United States mentioned in Arti- 
cle VI leaves the subject in such a position that the concurrence of 
Great Britain is necessary to the establishment of regulations for the 
proper protection and preservation of the fur seal in or habitually 
resorting to Behring Sea, the Tribunal having decided by a majority 
as to each article of the following regulations, we, the said Baron de 
Oourcel, Lord Hannen, Marquis Visconti Venosta, and Mr. Gregers 
Gram, assenting to the whole of the nine articles of the following 
regulations, and being a majority of the said arbitrators, do decide and 
determine in the mode provided by the treaty that the following con- 
current regulations outside the jurisdictional limits of the respective 



FUR-SEAL FISHERIES IN BERING SEA. 49 

Governments- are necessary, and that they should extend over the 
waters hereinafter mentioned; that is to say: 

Article 1. The Governments of the United States and of Great 
Britain shall forbid their citizens and subjects, respectively, to kill, cap- 
ture, or pursue, at any time and in any manner whatever, the animals 
commonly called fur seals, within a zone of 60 miles around the Pribi- 
loff Islands, inclusive of the territorial waters. 

The miles mentioned in the preceding - paragraph are geographical 
miles, of GO to a degree of latitude. 

Article 2. The two Governments shall forbid their citizens and sub- 
jects, respectively, to kill, capture, or pursue, in any manner whatever, 
during the season extending each year from the 1st May to the 31st 
July, both inclusive, the fur seals on the high sea in the part of the 
Pacific Ocean, inclusive of the Behring Sea, which is situated to the 
north of the 35th degree of north latitude and eastward of the 180th 
degree of longitude from Greenwich till it strikes the water boundary 
described in Article I of the treaty of 1807 between the United States 
and Russia, and following that line up to Behring Straits. 

Article 3. During the period of time and in the waters in which 
the fur-seal fishing is allowed only sailing vessels shall be permitted to 
carry on or take part iu far seal fishing operations. They will, how- 
ever, be at liberty to avail themselves of the use of such canoes or 
undecked boats, propelled by paddles, oars, or sails, as are in common 
use as fishing boats. 

Article 4. Each sailing vessel authorised to fish for fur seals must 
be provided with a special license issued for that purpose by its Gov- 
ernment, and shall be required to carry a distinguishing flag to be pre- 
scribed by its Government. 

Article 5. The masters of the vessels engaged in fur-seal fishing 
shall enter accurately in their official log book the date and place of 
each fur-seal fishing operation, and also the number and sex of the 
seals captured upon each day. These entries shall be communicated 
by each of the two Governments to the other at the end of each fishing 
season. 

Article 6. The use of nets, firearms, and explosives shall be for- 
bidden iu the fur-seal fishing. This restriction shall not apply to shot- 
guns when such fishing takes place outside of Bearing's Sea during the 
season when it may be lawfully carried on. 

Article 7. The two Governments shall take measures to control the 
fitness of the men authorised to engage in fur-seal fishing. These men 
shall have been proved fit to handle with sufficient skill the weapons 
by means of which this fishing may be carried on. 

Articles. The regulations contained in the preceding articles shall 

not apply to Indians dwelling on the coasts of the territory of the United 

States or of Great Britain, and carrying on fur-seal fishing in canoes 

or undecked boats not transported by or used in connexion with other 

14508 1 



50 FUR-SEAL FISHERIES IN BERING SEA. 

vessels and propelled wholly by paddles, oars, or sails, and maimed by 
not more than live persons each in the way hitherto practised by the 
Indians, provided such Indians are not in the employment of other 
persons, and provided that, when so hunting in canoes or undecked 
boats, they shall not hunt fur seals outside of territorial waters under 
contract for the delivery of the skins to any person. 

This exemption shall not be construed to affect the municipal law 
of either country, nor shall it extend to the waters of Behring Sea or 
the waters of the Aleutian Passes. 

Nothing herein contained is intended to interfere with the employ- 
ment of Indians as hunters or otherwise in connection with fur-sealing 
vessels as heretofore. 

Article 9. The concurrent regulations hereby determined with a 
view to the protection and preservation of the fur seals shall remain 
in force until they have been, in whole or in part, abolished or modified 
by common agreement between the Governments of the United States 
and of Great Britain. 

■ The said concurrent regulations shall be submitted every five years 
to a new examination, so as to enable both interested Governments to 
consider whether, in the light of past experience, there is occasion for 
any modification thereof. 



Second Schedule. 
Enactments of merchant shipping act (17 an<J IS Vict. c. 101) applied. 

Section 103. * * * And in order that the above provisions as 
to forfeitures may be carried into effect, it shall be lawful for any com- 
missioned officer on full pay in the military or naval service of Her 
Majesty, or any British officer of customs, or any British consular 
officer, to seize and detain any ship which has, either wholly or as to 
any share therein, become subject to forfeiture as aforesaid, and to bring 
her for adjudication before the high court of admiralty in England or 
Ireland, or any court having admiralty jurisdiction in Her Majesty's 
dominions; and such court may thereupon make such order in the case 
as it may think fit, and may award to the officer bringing in the same 
for adjudication such portion of the proceeds of the sale of any forfeited 
ship or share as it may think right. 

Section 104. No such officer as aforesaid shall be responsible, either 
civilly or criminally, to any person whomsoever, in respect of the seiz- 
ure or detention of any ship that has been seized or detained by him in 
pursuance of the provisions herein contained, notwithstanding that 
such ship is not brought in for adjudication, or, if so brought in, is 
declared not to be liable to forfeiture, if it is shown to the satisfaction of 
the judge or court before whom any trial relating to such ship or such 



FUR-SEAL FISHERIES IN BERING SEA. 51 

seizure or detention is held that there were reasonable grounds for such 
seizure or detention; but if no such grounds are showu, such judge or 
court may award payment of costs and damages to any party aggrieved, 
and make such other order in the premises as it thinks just. 



Part X. — Legal Procedure. 

Application. 

Section 517. The teuth part of this act shall, in all cases where no 
particular country is mentioned, apply to the whole of Her Majesty's 
dominions. 

Legal procedure (general). 

Section 518. In all places within Her Majesty's dominions, except 
Scotland, the offences hereinafter mentioned shall be punished and 
penalties recovered in manner following, that is to say — 

(1) Every offence by this act declared to be a misdemeanor shall be 
punishable by fine or imprisonment with or without hard labour, and 
the court before which such offence is tried may, in England, make the 
same allowances and order payment of the same costs and expenses as 
if such misdemeanor had been enumerated in the act passed in the 
seventh year of His late Majesty King George the Fourth, chapter 
sixty-four, or any other act that may be passed for the like purpose, 
and may in any other part of Her Majesty's dominions make such 
allowances and order payment of such costs and expenses, if any, as 
are payable or allowable upon the trial of any misdemeanor under any 
existing act or ordinance or as may be payable or allowable under any 
act or law for the time being in force therein. 

(2) Every offence declared by this act to be a misdemeanor shall also 
be deemed to be an offence hereby made punishable by imprisonment 
for any period not exceeding six months, with or without hard labour, 
or by a penalty not exceeding one hundred pounds, and may be prose- 
cuted accordingly in a summary manner, instead of being prosecuted 
as a misdemeanor. 

(3) Every offence hereby made punishable by imprisonment for any 
period not exceeding six months, with or without hard labour, or by 
any penalty not exceeding one hundred pounds, shall, in England and 
Ireland, be prosecuted summarily before any two or more justices, as to 
England in the manner directed by the act of the eleventh and twelfth 
years of the reign of Her Majesty Queen Victoria, chapter forty-three, 
and as to Ireland in the manner directed by the act of the fourteenth 
and fifteenth years of the reign of Her Majesty Qneen Victoria, chapter 
ninety-three, or in such other manner as may be directed by any act or 
acts that may be passed for like purposes. And all provisions con- 
tained in the said acts shall be applicable to such prosecutions in the 



52 FUR-SEAL FISHERIES IN BERING SEA. 

same manner as if the offences in respect of which the same are insti- 
tuted were hereby stated to be offences in respect of which two or more 
justices have power to convict summarily or to make a summary order. 

(4) In all cases of summary convictions in England, where the sum 
adjudged to paid exceeds five pounds, or the period of imprisonment 
adjudged exceeds one month, any person who thinks himself aggrieved 
by such conviction may appeal to the next court of general or quarter 
sessions. 

(5) All offences under this act shall, in any British possession, be 
punishable in any court or by any justice of the peace or magistrate in 
which oi' by whom offences of a like character are ordinarily punishable, 
or in such other manner or by such other courts, justices, or magis- 
trates as may from time to time be determined by any act or ordinance 
duly made in such possession in such manner as acts and ordinances in 
such possession are required to be made in order to have the force of 
law. 

Section 519. Any stipendiary magistrate shall have full power to 
do alone whatever two justices of the peace are by this act authorised 
to do. 

Section 520. For the purpose of giving jurisdiction under this act, 
every offence shall be deemed to have been committed, and every cause 
oi' complaint to have arisen, either in the place in which the same 
actually was committed or arose, or in any place in which the offender 
or person complained against may be. 

Section 521. In all cases where any district within which any court 
or justice of the peace or other magistrate has jurisdiction, either under 
this act or under any other act or at common law, for any purpose 
whatever, is situate on the coast of any sea, or abutting on or project- 
ing into any bay, channel, lake, river, or other navigable water, every 
such court, justice of the peace, or magistrate shall have jurisdiction 
over any ship or boat being on or lying or passing off such coast, or 
being in or near such bay, channel, lake, river, or navigable water as 
aforesaid, and over all persons on board such ship or boat or for the 
time being belonging thereto, in the same manner as if such ship, boat, 
or persons were within the limits of the original jurisdiction of such 
court, justice, or magistrate. 

Section 522. Service of any summons or other matter in any legal 
proceeding under this act shall be good service, if made personally on 
the person to be served, or at his last place of abode, or if made by 
leaving such summons for him on board any ship to which he may 
belong with the person being or appearing to be in command or charge 
of such ship. 

Section 523. In all cases where any court, justice or justices of the 
peace, or other magistrate, has or have power to make an order direct- 
ing payment to be made of any seaman's wages, penalties, or other 
sums of money, then, if the party so directed to pay the same is the 



FUR-SEAL FISHERIES IN BERING SEA. 53 

master or owner of a ship, and the same is not paid at the time and iii 
manner prescribed in the order, the court, justice or justices, or other 
magistrate who made the order, may, in addition to any other powers 
they or he may have for the purpose of compelling payment, direct the 
amount remaining - unpaid to he levied by distress or poinding and sale 
of the said ship, her tackle, furniture, and apparel. 

Section 52-t. Any court justice, or magistrate imposing any penalty 
under this act, for which no specific application is herein provided, 
may, if it or he thinks fit, direct the whole or any part thereof to be 
applied in compensating any person for any wrong or damage which 
he may have sustained by the act or default in respect of which such 
penalty is imposed, or to be applied in or towards payment of the 
expenses of the proceedings; and, subject to such directions or spe- 
cific, application as aforesaid, all penalties recovered in the United 
Kingdom shall be paid into the receipt of Her Majesty's exchequer in 
such manner as the Treasury may direct, and shall be carried to and 
form part of the consolidated fund of the United Kingdom; and all 
penalties recovered in any British Possession shall be paid over into 
the public treasury of such Possession, and form part of the public 
revenue thereof. 

Section 525. The time for instituting summary proceedings under 
this act shall be limited as follows, that is to say — 

(1) No conviction for any offence shall be made under this act in any 
summary proceeding instituted in the United Kingdom, unless such 
proceeding is commenced within six months after the commission of 
the offence; or, if both or either of the parties to such proceeding 
happen during such time to be out of the United Kingdom, unless the 
same is commenced within two months after they both first happen to 
arrive or to be at one time within the same. 

(2) No conviction for any offence shall be made under this act in any 
proceeding instituted in any British possession, unless such proceeding 
is commenced within six months after the commission of the offence; or 
if both or either of the parties to the proceeding happen during such 
time not to be within the jurisdiction of any court capable of dealing 
with the case, unless the same is commenced within two months after 
they both first happen to arrive or to be at one time within such 
jurisdiction. 

(3) No order for the payment of money shall be made under this act 
in any summary proceeding instituted in the United Kingdom, unless 
such proceeding is commenced within six months after the cause of 
complaint arises; or, if both or either of the parties happen during 
such time to be out of the United Kingdom, unless the same is com- 
menced within six months after they both first happen to arrive or to 
be at one time within the same. 

(4) No order for the payment of money shall be made under this act 
in any summary proceeding instituted in any British possession, unless. 



54 FUR-SEAL FISHERIES IN BERING SEA. 

sucli proceeding is commenced within six months after the cause of 
complaint arises; or, if both or either of the parties to the proceeding 
happen during such time not to be within the jurisdiction of any court 
capable of dealing with the case, unless the same is commenced within 
six months after they both first happen to arrive or be at one time 
within such jurisdiction. 

And no provision contained in any other act or acts, ordinance or 
ordinances for limiting the time within which summary proceedings 
may be instituted, shall affect any summary proceeding under this act. 

Section 520. Any document required by this act to be executed in 
the presence of or to be attested by any witness or witnesses, may be 
proved by the evidence of any person who is able to bear witness to the 
requisite facts, without calling the attesting witness or witnesses or 
any of them. 

Section 527. Whenever any injury has, in any part of the world, 
been caused to any property belonging to Her Majesty or to any of Her 
Majesty's subjects by any foreign ship, if at any time thereafter such 
ship is found in any port or river of the United Kingdom or within 
three miles of the coast thereof, it shall be lawful for the judge of any 
court of record in the United Kingdom, or for the judge of the high 
court of admiralty, or in Scotland the court of session, or the sheriff 
ot the county within whose jurisdiction such ship may be, upon its 
being shown to him by any person applying summarily that such injury 
was probably caused by the misconduct or want of skill of the master 
or mariners of such shir), to issue an order directed to any officer of 
customs or other officer named by such judge, requiring him to detain 
such ship until such time as the owner, master, or consignee thereof 
has made satisfaction in respect of such injury, or has given security, 
to be approved by the judge, to abide the eveut of any action, suit, or 
-other legal proceeding that may be instituted in respect of such injury, 
and to pay all costs and damages that may be awarded thereon; and 
any officer of customs or other officer to whom such order is directed 
shall detain such ship accordingly. 

Secton 528. In any case where it appears that before any application 
can be made under the foregoing section such foreign ship will have 
departed beyond the limits therein mentioned, it shall be lawful for 
any commissioned officer on full pay in the military or naval service of 
Her Majesty, or any British officer of customs, or any British consular 
officer, to detain such ship until such time as will allow such applica- 
tion to be made and the result thereof to be communicated to him ; and 
no such officer shall be liable for any costs or damages in respect of 
such detention unless the same is proved to have been made without 
reasonable grounds. 

Section 52!). In any action, suit, or other proceeding in relation to 
such injury, the person so giving security as aforesaid shall be made 
defendant or defender and shall be stated to be the owner of the ship 



FUR-SEAL FISHERIES IN BERING SEA. 55 

that has occasioned sucli damage; and the production of the order of 
the judge made in relation to such security shall be conclusive evi- 
dence of the liability of such defendant or defender to such action, 
suit, or other proceeding. 

Legal procedure (Scotland). 

Section 530. In Scotland every offence which by this act is described 
as a felony or misdemeanor may be prosecuted by indictment or criminal 
etters at the instance of Her Majesty's Advocate before the high court 
of justiciary, or by criminal libel at the instance of the procurator 
fiscal of the county, before the sheriff, and shall be punishable with fine 
and with imprisonment, with or without hard labour in default of pay- 
ment, or with imprisonment, with or without hard labour, or with both, 
as the court may think fit, or in the case of felony with penal servitude, 
where the court is competent thereto; and such court may also, if it 
think fit, order payment by the offender of the costs and expenses ot 
the prosecution. 

Section 531. In Scotland, all prosecutions, complaints, actions, or 
proceedings under this act, other than prosecutions for felonies or mis 
demeanors, may be brought in a summary form before the sheriff of 
the county, or before any two justices of the peace of the county or 
burgh where the cause of such prosecution or action arises, or where 
the offender or defender may be for the time, and when of a criminal 
nature or for penalties, at the instance of the procurator fiscal of court, 
or at the instance of any party aggrieved, with concurrence of the pro- 
curator fiscal of court; and the court may, if it think fit, order payment 
by the offender or defender of the costs of the prosecution or action. 

Section 532. In Scotland all prosecutions, complaints, actions, or 
other proceedings under this act may be brought either in a written 
or printed form, or partly written and partly printed, and where such 
proceedings are brought in a summary form it shall not be necessary 
in the complaint to recite or set forth the clause or clauses of the act on 
which such proceeding is founded, but it shall be sufficient to specify or 
refer to such clause or clauses, and to set forth shortly the cause of com- 
plaint or action and the remedy sought; and when such complaint or 
action is brought in whole or in part for the enforcement of a pecuniary 
debt or demand, the complaint may contain a prayer for warrant to 
arrest upon the dependence. 

Section 533. In Scotland, on any complaint or other proceeding 
brought in a summary form under this act being presented to the 
sheriff clerk or clerk of the peace, he shall grant warrant to cite the de- 
fender to appear personally before the said sheriff or justices of the 
peace on a day fixed, and at the same time shall appoint a copy of the 
same to be delivered to him by a sheriff officer or constable, as the case 
may be, along with the citation ; and such deliverance shall also contain 
a warrant for citing witnesses and havers to compear at the same time 



56 FUR-SEAL FISHERIES IN BERING SEA, 

and place to give evidence and produce such writs as may be specified 
in their citation ; and where such warrant has been prayed for in the com- 
plaint or other proceeding, the deliverance of the sheriff clerk or clerk 
of the peace shall also contain warrant to arrest upon the dependence 
in common form : Provided always, that where the apprehension of any 
party, with or without a warrant, is authorized by this act, such party 
may be detained in custody until he can be brought at the earliest 
opportunity before any two justices, or the sheriff who may have juris- 
diction in the place, to be dealt with as this act directs, and no citation 
or inducise shall in such case be necessary. 

Section 534. When it becomes necessary to execute such arrest- 
ment on the dependence against goods or effects of the defender within 
Scotland, but not locally situated within the jurisdiction of the sheriff 
or justices of the peace by whom the warrant to arrest has been granted, 
it shall be competent to carry the warrant into execution on its being 
indorsed by the sheriff clerk or clerk of the peace of the county or 
burgh respectively within which such warrant comes to be executed. 

Section 535. In all proceedings under this act in Scotland the sheriff 
or justices of the peace shall have the same power of compelling 
attendance of witnesses and havers as in cases foiling under their ordi- 
nary jurisdiction. 

Section 536. The whole procedure in cases brought in a summary 
form before the sheriff or justices of the peace in Scotland shall be con- 
ducted viva voce, without written pleadings, and without taking down 
the evidence in writing, and no record shall be kept of the proceedings 
other than the complaint, and the sentence or decree pronounced 
thereon. 

Section 537. It shall be in the power of the sheriff or justices of 
the peace in Scotland to adjourn the proceedings from time to time to 
any day or days to be fixed by them, in the event of absence of wit- 
nesses or of any other cause which shall appear to them to render such 
adjournment necessary. 

Section 538. In Scotland all sentences and decrees to be pronounced 
by the sheriff or justices of the peace upon such summary complaints 
shall be in writing; and where there is a decree for payment of any 
sum or sums of money against a defender, such decree shall contain 
warrant for arrestment, poinding, and imprisonment in default of pay- 
ment, such arrestment, poinding, or imprisonment to be carried into 
effect by sheriffs, officers, or constables, as the case may be, in the same 
manner as in cases arising under the ordinary jurisdiction in the sheriff 
or justices: Provided always, that nothing herein contained shall be 
taken or construed to repeal or affect an act of the fifth and sixth years 
of William the Fourth, intituled "An act for abolishing, in Scotland, 
imprisonment for civil debts of small amount." 

Section 539. In all summary complaints and proceedings for recov 
ery of any penalty or sum of money in Scotland, if a defender who has 



FUR-SEAL FISHERIES IN BERING SEA. 57 

been duly cited shall not appear at the time and place required by the 
citation, lie shall be held as confessed, and sentence or decree shall be 
pronounced against him in terms of the complaint, with such" costs and 
expenses as to the court shall seem fit: Provided always, that he shall 
be entitled to obtain himself reponed against any such decree at any 
time before the same be fully implemented, by lodging with the clerk 
of court areponing note, and consigning in his hands the sum decerned 
for, and the costs which had been awarded by the court, and on the 
same day delivering or transmitting through the post to the pursuer or 
his agent a copy of such reponing note; and a certificate by the clerk 
of court of such note having been lodged shall operate as a sist of dili- 
gence till the cause shall have been reheard and finally disposed of, 
which shall be on the next sitting of the court, or on any day to which 
the court shall then adjourn it. 

Section 540. In all summary complaints or other proceedings not 
brought for the recovery of any penalty or sum of money in Scotland, 
if a defender, being duly cited, shall fail to appear, the sheriff or jus- 
tices may grant warrant to apprehend and bring him before the court. 

Section 541. In all cases where sentences or decrees of the sheriff 
or justices require to be enforced within Scotland, but beyond the juris- 
diction of the sheriff or justices by whom such sentences or decrees 
have been pronounced, it shall be competent to carry the same into 
execution upon the same being indorsed by the sheriff clerk or clerk of 
the peace of the county or burgh within which such execution is to take 
id ace. 

Section 542. No order, decree, or sentence pronounced by any sheriff 
or justice of the peace in Scotland under the authority of this act shall 
be quashed or vacated for any misnomer, informality, or defect of form; 
and all orders, decrees, and sentences so pronounced .shall be final and 
conclusive, and not subject to suspension, advocation, reduction, or to 
any form of review or stay of execution, except on the ground of cor- 
ruption or malice on the part of the sheriff or justices, in which case 
the suspension, advocation, or reduction must be brought within four- 
teen days of the date of the order, decree, or sentence complained of: 
Provided always, That no stay of execution shall be competent to the 
effect of preventing immediate execution of such order, decree, or 
sentence. 

Section 543. Such of the general provisions with respect to jurisdic- 
tion, procedure, and penalties contained in this act as are not inconsist- 
ent with the special rules hereinbefore laid down for the conduct of 
legal proceedings and the recovery of penalties in Scotland, shall, so far 
as the same are applicable, extend to such last mentioned proceedings 
and penalties: Provided always, That nothing in this act contained 
shall be held in any way to annul or restrict the common law of Scot- 
land with regard to the prosecution or punishment of offences at the 
instance or by the direction of the lord advocate, or the rights of 



58 FUR-SEAL FISHERIES IN BERING SEA. 

owners or creditors in regard to enforcing a judicial sale of any ship 
and tackle, or to give to the High Court of Admiralty of England any 
jurisdiction in respect of salvage in Scotland which it has not hereto- 
fore had or exercised. 



Enactment of Merchant-Shipping Act, 187G (30 and 40 Vict., c. 

80.), Applied. 

Section 34. Where under the merchant-shipping acts, 1854 to 1876, 
or any of them, a ship is authorized or ordered to be detained, any com- 
missioned officer on full pay in the naval or military service of Her 
Majesty, or any officer of the board of trade or customs, or any British 
consular officer may detain the ship; and if the ship, after such deten- 
tion or after service on the master of any notice of or order for such 
detention proceeds to sea before it is released by competent authority, 
the master of the ship, and also the owner, and any person who sends 
the ship to sea, if such owner or person be party or privy to the offense, 
shall forfeit and pay to Her Majesty a penalty not exceeding one hun- 
dred pounds. 

Where a ship so proceeding to sea takes to sea when on board thereof 
in the execution of his duty any officer authorized to detain the ship, 
or any surveyor or officer of the board of trade or customs, the owner 
and master of the ship shall each be liable to pay all expenses of and 
incidental to the officer or surveyor being so taken to sea, and also a 
penalty not exceeding one hundred pounds, or, if the offense is not 
prosecuted in a summary manner, not exceeding ten pounds for every 
day until the officer or surveyor returns, or until such time as would 
enable him after leaving the ship to return to the port from which he 
is taken, and such expenses may be recovered in like manner as the 
penalty. 



BEHRING SEA AWARD. ORDER IN COUNCIL 1894. 
AT THE COURT AT WINDSOR, THE 30TH DAY OF APRIL. 1894. 

Present, the Queen's Most Excellent Majesty, Lord President, Lord 
Steward, Earl of Chesterlield, Lord Chamberlain, Sir Charles Russell, 
Sir Frank Lascelles. 

Whereas by "the Lehring Sea award act, 1804," it is enacted that 
Her Majesty the Queen in council may make orders for carrying into 
effect the provisions of the Behring Sea arbitration award set out in 
the first schedule to that act, and therein referred to as the scheduled 
provisions: 

And whereas by the said act it is also enacted that an order in coun- 
cil made under that act may provide that such officers of the United 
States of America as are specified in the order may, in respect of offences 



FUR-SEAL FISHERIES IN BERING SEA. 59 

under that act, exercise the like powers under that act as may be exer- 
cised by a commissioned officer of Her Majesty in relation to a British 
ship, and the equipment and certificate thereof, or such of those powers 
as appear to Her Majesty in council to be exercisable under the laws of 
the United States of America against ships of the United States, 
and that such British officers as are specified in the order may exercise 
the powers conferred by that act, with any necessary modifications 
specified in the order, in relation to a ship of the United States of 
America and the equipment and certificate thereof; 

And whereas the powers which article f of this order confers upon 
the officers of the United States therein specified are powers which, in 
respect of offences under the said act, may be exercised by a commis- 
sioned officer of Her Majesty in relation to a British ship and the equip- 
ment and certificate thereof, and appear to Her Majesty in council 
to be exercisable under the law of the United States against ships 
of the United States: 

Now, therefore, Her Majesty, in virtue of the powers vested in her 
by the said recited act, and of all other powers enabling her in that 
behalf, is hereby pleased, by and with the advice of Her Privy Council, 
to order, and it is hereby ordered, as follows: 

1. The commanding officer of any vessel belonging to the naval or 
revenue service of the United States of America, and appointed for the 
time being by the President of the United States for the purpose of 
carrying into effect the powers conferred by this article, the name of 
which vessel shall have been communicated by the President of the 
United States to Her Majesty as being a vessel so appointed as afore- 
said, may, if duly commissioned and instructed by the President in that 
behalf, seize and detain any British vessel which has become liable to 
be forfeited to Her Majesty under the provisions of the recited act, and 
may bring her for adjudication before any such British court of admi- 
ralty as is referred to in section 10.3 of "the merchant shipping act, 
1854" (which section is set out in the second schedule to the recited 
act), or may deliver her to any such British officer as is mentioned in 
the said section for the purpose of being dealt with pursuant to the 
recited act. 

2. The commanding officer of any vessel belonging to the naval or 
revenue service of Her Majesty, and appointed for the time being by 
Her Majesty for the purpose of carrying into effect the powers con- 
ferred by this article, the name of which vessel shall have been com- 
municated by Her Majesty to the President of the United States as 
being a vessel so appointed as aforesaid, may, if duly commissioned 
and instructed by Her Majesty, in that behalf, exercise the powers 
conferred by the recited act in relation to a ship of the United States : 
Provided that such officer, after seizing and detaining a ship of the 
United States in exercise of the said powers, shall take her for adju- 
dication before a court of the United States having jurisdiction to 



60 FUR-SEAL FISHERIES IN BERING SEA. 

adjudicate in the matter, or deliver her to any naval or revenue officer 
or other authorities of the United States. 

3. Until arrangements for giving further effect to articles 4 and 7 of 
the said scheduled provisions shall have been made between Her Maj- 
esty and the Government of the United States, the following provisions 
should have effect: 

(a) A Secretary of State, or any person duly authorized by him for 
the purpose, may grant a special licence in such form and manner as 
he may think fit to any British sailing vessel authorizing such vessel 
for the present year to fish for fur seals during the period of time in 
the manner and in the waters in which fur-seal fishing is allowed by 
the recited act, and until the delivery of such special licence any 
British sailing vessel which before the date of this order has left port 
and is or is intended to be employed in the said fishing shall be deemed 
to lftve been duly authorized and duly provided with a special licence 
within the meaning of the said article 4; and all persons on board any 
such vessel, which is or is deemed to have been provided with a special 
licence, shall be deemed to have been duly authorized to engage in fur- 
seal fishing within the meaning of the said article 7." 

(I>) A Secretary of State may, by notice published in the "London 
Gazette," prescribe the flag to be used by such British vessels as are, 
or shall be, authorized to fish for fur seals under the provisions of this 
order, and may cause one such flag to be delivered to each authorized 
vessel which has left port before receiving a special licence; and every 
vessel which before leaving port has received a special licence, and 
every authorized vessel to which such tlag shall have been delivered, 
shall carry such flag during the period of time and in the waters in 
which fur-seal fishing is allowed by the recited act, and shall hoist it at 
such times and in such manner as may be prescribed by such notice. 

(c) A Secretary of State may give such further provisional directions 
as he may deem necessary for the due observance of the provisions of 
the recited act and this order, and any such directions, on being pub- 
lished in such manner as he may direct, shall be observed as if they 
were contained in this order. 

4. This order maybe cited as "the Behring Sea award order in 
council, 1894." 

And the Bight Honourable the Earl of Kiinberley, K. G., the Most 
Honourable the Marquis of Bipon, K. G., two of Her Majesty's Prin- 
cipal Secretaries of State, and the Lords Commissioners of the Admi- 
ralty are to give the necessary directions herein as to them may 
respectively appertain. 

C. L. Peel. 



FUR-SEAL FISHERIES IN BERING SEA. 61 

BEHRING SEA AWARD. ORDER IN COUNCIL (NO. 2), 1894. 
AT THE COURT AT WINDSOE, THE 27TH DAY OF JUNE, 1894. 

Present, the Queen's Most Excellent Majesty, Earl Spencer, Lord 
Chamberlain, Lord Kensington. 

Whereas by " the Behring Sea award act, 1894," it is enaeted that 
Her Majesty the Queen in council may make orders for carrying iuto 
effect the provisions of the Behring Sea arbitration award set out in 
the first sehedule to that act, and therein referred to as the scheduled 
provisions : 

And whereas by article 3 of "the Behring Sea award order in council, 
1894," Her Majesty ordered that until arrangements for giving further 
effect to articles 4 and 7 of the said scheduled provisions should have 
been made between Her Majesty and the Government of the United 
States, the provisions contained in that article should have effect; 

And whereas arrangements have been made for giving further effect 
to the said articles, and for regulating during the present year the fish- 
ing for fur seals in accordance with the said scheduled provisions; and 
it is expedient that effect should be given to those arrangements by 
an order in council under the said act: 

Now, therefore, Her Majesty, in virtue of the powers vested in her 
by the said recited act, and of all other powers enabling her in that 
behalf is hereby pleased, by and with the advice of Her Privy Council, 
to order, and it is hereby ordered, as follows: 

1. On the application of the owner of any British sailing vessel 
intended to be employed in fur-seal fishing under the pro visions of the 
recited act, a Secretary of State may, if satisfactory evidence as 
required by the said article 7 has been given by such owner of the fit- 
ness of the men to be employed by him on the said vessel in the said 
fishing, grant a special licence in the form in the schedule hereto, 
authorizing that vessel for the present year to fish for fur seals during 
the period in the manner and in the waters in which fur-seal fishing is 
allowed by the recited act; and the said special licence, when so granted, 
shall be carried on board the said vessel at all times while so employed. 

2. Every British sailing vessel provided with a special licence under 
this order or the recited order, or which, under the recited order, is 
deemed to have been so provided, shall show under her national colours 
a flag, not less than 4 feet square, of two equal triangular pieces, yel- 
low and black, joined from the right hand upper corner of the fly to 
the left-hand lower corner of the luff, the part above and to the left 
to be black, and the part to the right and below to be yellow. 

3. If, in the case of any vessel, there is any contravention of these 
regulations, the Secretary of State, whether any penalty has been 
recovered under the recited act or not, may revoke the special licence. 

4. Article 3 of the recited order is hereby repealed, without prejudice, 
however, to any authorization given thereunder. 



<!2 FUR-SEAL FISHERIES IN BERING SEA. 

5. This order may be cited as "the Behring Sea award order in council 
(No. 2), 1894," and the recited order and this order may together be 
cited as "the Behring Sea award orders in council, 181)4." 

And the Right Honourable the Earl of Kimberley, K. G., and the 
Most Honourable the Marquess of Ripon, K. G., two of Her Majesty's 
principal secretaries of state, and the lords of the admiralty are to 
give the necessary directions herein as to them respectively appertain. 

C. L. Peel. 



Schedule. 

form of special license. 

Behring Sea award act, 1891; Behring Sea an- aid orders in council, 1894. 

SPECIAL LICENSE. 

Whereas the British sailing vessel is intended to be employed 

during the present year in fishing for fur seals under the provisions of 
"the Behring Sea award act, 1894;" 

And whereas A. B., the owner (or A. B. and others, owners) of the 
said vessel have given satisfactory evidence of the fitness of the men 
who are to be employed on board the said vessel in the said fishing: 

Now, therefore, in pursuance of the above-mentioned act and orders 
in council, I hereby authorize the said vessel for the present year to be 
employed in fur-seal fishing during the period of time in the manner 
and in the waters in which fur-seal fishing is allowed by the above- 
mentioned act. 

This special license is subject to revocation in case of any contraven- 
tion of the above-mentioned act or orders in council. 

Given under my hand this day of , 1894. 

(Signed) , 

Secretary of State. 



BEHRING SEA AWARD. ORDER IN COUNCIL, 1895. 

AT THE COURT AT OSBORNE HOUSE, ISLE OF WIGHT, THE 2ND DAY OF 
FEBRUARY, 1895. 

Present, the Queen's Most Excellent Majesty, Lord President, Mar- 
quess of liipon, Lord Chamberlain, Lord Kensington, Mr. Cecil Rhodes. 

Whereas by "the Behring Sea award act, 1894," it is enacted that 
Her Majesty the Queen in Council may make orders for carrying into 
effect the provisions of the Behring Sea arbitration award set out in 
the first schedule to that act, and therein referred to as the scheduled 
provisions; 

And whereas arrangements have been made between Her Majesty 
and the Government of the United States for giving effect to articles 



FUR-SEAL FISHERIES IN BERING SEA. 63 

4 and 7 of the said scheduled provisions, and it is expedient that effect 
should be given to those arrangements by an order in council under 
the said act: 

Now, therefore, Her Majesty, iu virtue of the powers vested in her 
by the said recited act, and of all other powers enabling her in that 
behalf, is hereby pleased, by and with the advice of Her Privy Council, 
to order, and it is hereby ordered, as follows: 

1. On the application of the owner or master of any British sailing 
vessel intended to be employed in fur-seal fishing under the provisions 
of the recited act, a secretary of state, or any person duly authorized 
by him for the purpose, may, if satisfactory evidence as required by 
the said article 7 has been given by such owner or master of the fitness 
of the men to be employed by him on the said vessel in the said fishing, 
grant a special licence in the form in the schedule hereto, authorizing 
that vessel (for the year mentioned in the licence) to fish for fur seals 
during the period in the manner and in the waters iu which fur-seal 
fishing is allowed by the recited act; and the said special licence, when 
so granted, shall be carried on board the said vessel at all times while 
so employed. 

2. Every British sailing vessel provided with a special licence under 
this order shall show, under her national colours, a flag, uot less than 
4 feet square, of two equal triangular pieces, yellow and black, joined 
from the right-hand upper corner of the fly to the left-hand lower corner 
of the lnff, the part above and to the left to be black, and the part to 
the right and below to be yellow. 

3. If in the case of any vessel there is auy contravention of these 
regulations a secretary of state, or any person duly authorized by him 
for the purpose, whether any penalty has been recovered under the 
recited act or not, may revoke the special licence, whether the same was 
granted by a secretary of state or by such person. 

4. This order maybe cited as "the Behring Sea award order in 
council, 1895," and " the Behring Sea award order in council, 1894," 
and this order may together be cited as " the Behring Sea award 
orders in council, 1894 and 1895." 

And the Eight Honourable the Earl of Kimberley, K. GL, and the 
Most Honourable the Marquess of Kipon, K. It., two of Her Majesty's 
principal secretaries of state and the lords of the admiralty are to give 
the necessary directions herein as to them respectively appertain. 

And whereas the immediate operation of this order is urgent, this 
order shall come into operation forthwith. 

C. L. Peel. 



64 fur-seal fisheries in bering sea. 

Schedule. 

form of special license. 

The Behring Sea award act, 1894; the Behring Sea award order in 

council, 1895. 

SPECIAL LICENSE. 

Whereas the British sailing vessel is intended to be employed 

in fishing for fur seals under the provisions of "the Behring Sea award 
act, 1894." 

And whereas satisfactory evidence of the fitness of the men who are 
to be employed on board the said vessel in the said fishing has been 
given by A. B., the owner [or A. B. and others, owners, or C. D., the 
master] of the said vessel. 

[And whereas T (name and description) have been duly authorized 
by a secretary of state to grant special licences under the provisions of 
the above-mentioned act and order in council.] 

Now, therefore, in pursuance of the above-mentioned act and order in 
council, I hereby authorize the said vessel for the year [eighteen hun- 
dred and ninety-five, or as the case may be] to be employed in fur-seal 
fishing during the period of time, in the manner and in the waters in 
which fur-seal fishing is allowed by the above-mentioned act. 

This special licence is subject to revocation in case of any contraven- 
tion of the above-mentioned act or order in council. 

Given under my hand this day of , 189—. 

(Signed) . 



SEAL FISHERIES (NORTH PACIFIC) ACT, 1895. 

Chapter 21. — An act to provide for prohibiting the catching of seals at certain 
periods in Behring Sea and other parts of the Pacific Ocean adjacent to Behring 

Sea, and for regulating the seal fisheries in those seas. (27th June, 1895.) 

Whereas it is expedient to repeal the seal fishery (North Pacific) act, 
1893, and to reenact it with amendments; 

Be it therefore enacted by the Queen's Most Excellent Majesty, by 
and with the advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the author- 
ity of the same, as follows: 

1. (1) Her Majesty the Queen may, by order in council, prohibit, 
during the period specified in the order, the catching of seals by British 
ships in such parts of the seas to which this act applies as are specified 
in the order. 

(2) While an order in council under this act is in force — 

(a) A person belonging to a British ship shall not kill, take, or hunt, 
or attempt to kill or take, any seal during the period and within the seas 
specified in the order; and 



FUR-SEAL FISHERIES IN BERING SEA. . 65 

(b) A British ship shall not, nor shall any of the equipment or crew 
thereof, be used or employed in such killing, taking, hunting, or 
attempt. 

(3) If there is any contravention of this section, any person commit- 
ting, procuring, aiding or abetting such contravention shall be guilty 
of a misdemeanor within the meaning of the merchant shipping act, 
1894, and the ship and her equipment and everything on board thereof 
shall be subject to forfeiture to Her Majesty. 

2. (1) Her Majesty the Queen may by order in council make, as 
respects such parts of the seas to whieh this act applies as are specified 
in the order, regulations — 

(a) For entering in the official log of a ship particulars respecting 
the hunting, killing, and taking of seals, and 

(b) For regulating the hunting and taking of seals, with power to 
prohibit or restrict the use therein of any particular kind of vessels, 
methods, or implements. 

(2) If there is any contravention of any such regulation any person 
who committed, procured, aided, or abetted such contravention shall be 
liable to a fine not exceeding one hundred pounds. 

(3) If the regulations under this section provide for the entry of par- 
ticulars in the official log of a ship, the provisions of the merchant 
shipping act, 1894, with reference to official logs (including the penal 
provisions), shall apply to every ship engaged in seal fishing within 
such of the seas to which this act applies as are specified in the order. 

3. (1) Any offence or fine under this act may be prosecuted or recov- 
ered in like manner as if it were an offence or fine under the merchant 
shipping act, 1894. 

(2) For the purpose of the forfeiture of any ship under this act, sec- 
tion seventy-six of the merchant shipping act, 1894, shall apply. 

(3) Where any commissioned 6fticer on full pay in the naval service 
of Her Majesty the Queen has reasonable cause to believe that, during 
the period and in the seas specified in an order in council under this 
act, any British ship has been used or employed in contravention or 
this act, or of any regulation made thereunder, he may stop and exam- 
ine her, and detain her or any portion of her equipment or any of her 
crew, and may seize the ship's certificate of registry. 

(4) For carrying into effect an arrangement with any foreign State, 
an order in council under this act may provide that the powers under 
this act of such commissioned officer may, subject to any limitations, 
conditions, modifications, and exceptions specified in the order, be exer- 
cised in relation to a British ship and the equipment, crew, and certifi- 
cate thereof by such officers of the said foreign state as are specified 
in the order, or in relation to a ship of the said foreign state and the 
equipment, crew, and papers thereof by such British officers as are speci- 
fied in the order. 

4. (1) Where an officer has power under this act to seize a ship's 

14568 5 



66 . FUR-SEAL FISHERIES IN BERING SEA. 

certificate of registry, lie may, subject to the directions of an order 
in council under this act, either retain the certificate and give a pro- 
visional certificate in lieu thereof, or return the certificate with an 
indorsement of the grounds on which it was seized ; and in either 
case may, if the ship appears to him to be liable to forfeiture, direct 
the ship, by an addition to the provisional certificate or to the indorse- 
ment, to proceed forthwith to a specified port, being a port where there 
is a British court having authority to adjudicate in the matter, and 
if this direction is not complied with, the owner and master of the ship 
shall, without prejudice to any other liability, each be liable to a fine 
not exceeding one hundred pounds. 

(2) Where in pursuance of this section a provisional certificate is 
given to a ship, or the ship's certificate is indorsed, any officer of cus- 
toms in Her Majesty's dominions or British consular officer may 
detain the ship, until satisfactory security is given for her appearance 
in any legal proceedings which may be taken against her in pur- 
suance of this act. 

5. (1) A statement in writing, purporting to be signed by an officer 
having power in pursuance of this act to stop and examine a ship, as 
to the circumstances under which or grounds on which he stopped and 
examined the ship, shall be admissible in any proceedings, civil or 
criminal, as evidence of the facts or matters therein stated. 

(2) If evidence contained in any such statement was taken on oath 
in the presence of the person charged in the evidence, and that person 
had an opportunity of cross-examining the person giving the evidence 
and of making his reply to the evidence, the officer making the state- 
ment may certify that the evidence was so taken, and that there was 
such opportunity as aforesaid. 

6. (1) Her Majesty the Queen in council may make, revoke, and alter 
orders for the purpose of this act, and every such order shall be forth- 
with laid before both Houses of Parliament and published in the Lon- 
don Gazette. 

(2) Any such order may contain any limitations, conditions, modifi- 
cations, and exceptions which appear to Her Majesty in council 
expedient for cairying into effect the object of this act. 

7. (1) This act shall apply to the animal known as the fur seal, and 
to any marine animal specified in that behalf by an order in council 
under this act, and the expression "seal" in this act shall be construed 
accordingly. 

(2) This act shall apply to the seas within that part of the Pacific 
Ocean known as Behring's Sea, and within such other parts of the 
Pacific Ocean as are north of the forty-second parallel of north latitude, 
and shall be in addition to and not in derogation of the provisions of 
the Behring Sea award act, 1894. 

(3) The expression u equipment " in this act includes any boat, tackle, 
fishing or shooting instruments, and other things belonging to a ship. 

1 



FUR-SEAL FISHERIES IN BERING SEA. 67 

(4) This act may be cited as the seal fisheries (North Pacific) act, 
1895. 

(5) The seal fishery (North Pacific) act, 1893, is hereby repealed as 
from the passing of this act, but shall be deemed until that passing to 
have continued in force, and any order in council in force under that 
act shall continue as if it had been made in pursuance of this act. 

(6) This act shall remain in force until the thirty-first clay of Decem- 
ber, one thousand eight hundred and ninety-seven, and no longer unless 
continued by Parliament. 



SEAL FISHERIES (NORTH PACIFIC) ORDER IN COUNCIL 1895. 

AT THE COUET AT OSBOKNE HOUSE, ISLE OF WIGHT, THE 24TH DAY OF 

AUGUST, 1895. 

Present, the Queen's Most Excellent Majesty, Marquess of Salisbury, 
Earl of Coventry, Lord Arthur Hill. 

Whereas by "the seal fisheries (North Pacific) act, 1895," it is enacted 
that Her Majesty the Queen may by order in council prohibit, during 
the period specified by the order, the catching of seals by British ships 
in such parts of the seas to which that act applies as are specified by 
the order ; and that for carrying into effect an arrangement with any 
foreign State an order in council may provide that the powers under 
the act of any commissioned officer on full pay in the naval service of 
Her Majesty the Queen may, subject to any limitations, conditions, 
modifications, and exceptions specified in the order, be exercised in 
relation to a British ship, and the equipment, crew, and certificate 
thereof, by such officers of the said foreign State as are specified in the 
order, and that any such order may contain any limitations, conditions, 
modifications, and exceptions which appear to Her Majesty in council 
expedient for carrying into effect the object of that act ; 

And whereas the said act applies to the seas within that part of the 
Pacific Ocean known as Behring Sea, and within such other parts of 
the North Pacific Ocean as are north of the forty-second parallel of 
north latitude ; 

And whereas an arrangement has been made between Her Majesty 
the Queen and His Majesty the Emperor of Bnssia whereby British 
ships engaged in hunting seals within such parts of the said seas as 
are hereinafter specified may be seized by Bussian cruisers: 

Now, therefore, Her Majesty, in virtue of the powers vested in her 
by the said recited act, and of all other powers enabling her in that 
behalf, is hereby pleased, by and with the advice of her privy council, 
to order, and it is hereby ordered, as follows : 

1. From and after the date of the present order, until Her Majesty in 
council shall otherwise direct, the catching of seals by British ships is 
hereby prohibited within such parts of the seas to which the recited 



68 FUR-SEAL FISHERIES IN BERING SEA. 

act applies as are comprised within the following zones (in this order 
referred to as "the prohibited zones"), that is to say: 

(1) A zone of ten marine miles on all the Russian coasts of Behring 
Sea and the North Pacific Ocean; and 

(2) A zone of thirty marine miles round the Kormandorsky Islands 
and Tulenew (Robben Island). 

2. The powers under the recited act of a commissioned officer on full 
pay in the naval service of Her Majesty may be exercised in relation 
to a British ship, and the equipment, crew, and certificate thereof, by 
the captain or other officer in command of any war vessel of His Maj- 
esty the Emperor of Russia (hereinafter referred to as an "authorized 
Russian officer"), but subject to the limitations, conditions, modifica- 
tions, and exceptions following, that is to say : 

(1) The said powers shall not be exercised by an authorized Russian 
officer, except in relation to British ships engaged in hunting seals 
within either of the prohibited zones. 

(2) A British ship shall not be liable to seizure or detention by an 
authorized Russian officer by reason of the contravention of any regu- 
lations made under section 2 of the recited act. 

(3) The powers under section 3 of the recited act of detaining any 
portion of the equipment or any of the crew, and the powers under 
section 4 of giving a provisional certificate in lieu of a ship's certificate 
which is seized and retained, or of indorsing on a certificate the grounds 
on which it was seized, and of directing the ship to proceed forthwith 
to a specified port, shall not be exercised in relation to a British sh\$ 
by an authorized Russian officer. 

(4) Where an authorized Russian officer in exercise of the said pow- 
ers stops and examines and detains a British ship or her certificate of 
registry, he shall as soon as possible hand over the ship, or deliver 
or transmit the certificate, as the case may be, either to the command- 
ing officer of a British cruiser or to the nearest British authority, as 
defined by this order, and shall then, or within a reasonable time there- 
after, satisfy such officer or authority that there were reasonable grounds 
for the detention or seizure, and that the case is proper to be adjudi- 
cated in a British court, and also furnish to such officer or authority the 
evidence sufficient, in the opinion of such officer or authority, for such 
adjudication ; and if the said Russian officer fails to satisfy such officer 
or authority, or to furnish to such officer or authority such sufficient 
evidence as aforesaid, the said officer or authority may release the ship. 

3. (1) Where the commanding officer of a British cruiser receives a 
British ship from an authorized Russian officer, and is satisfied that 
there were reasonable grounds for the detention or seizure, and that 
the case is proper to be adjudicated in a British court, Ik 1 may exercise 
the powers conferred by section 4 of the recited act as if he had him- 
self stopped and examined and detained the ship, and that section 
shall apply accordingly. 



FUR-SEAL FISHERIES IN BERING SEA. 69 

(2) Where the commanding officer of a British cruiser, or a British 
authority, receives a British ship from an authorized Russian officer, 
and sends the case for adjudication in a British court, he shall, for the 
purposes of section 76 of "The merchant shipping act, 1894," be deemed 
to have himself seized or detained the said ship. 

4. For the purposes of this order, the expression "British authority" 
means any officer of customs in Her Majesty's dominions and any Brit- 
ish consular officer having authority as such in any port or place. 

5. "The seal fishery (North Pacific) order in council, 1894," is hereby 
revoked, without prejudice to anything done or suffered under that 
order. 

6. This order may be cited as "The seal fisheries (North Pacific) 
order in council, 1895." 

And the Most Honourable the Marquess of Salisbury, K. G., and the 
Right Honourable Joseph Camberlam, two of Her Majesty's principal 
secretaries of state, and the lords commissioners of the admiralty are to 
give the necessary directions herein as to them respectively appertain. 

And whereas the immediate operation of this order is urgent, this 
order shall come into operation forthwith, and shall be a provisional 
order within the meaning of the rules publication act, 1893. 

O. L. Peel. 



SEAL FISHERIES (NORTH PACIFIC) ORDER IN COUNCIL 1895. 
AT THE COURT AT WINDSOR, THE 21ST DAY OF NOVEMBER, 1895. 

Present, The Queen's Most Excellent Majesty, Lord President, Lord 
Privy Seal, Marquess of Lansdowne. 

Whereas by the "The seal fisheries (North Pacific) act, 1895," it is 
enacted that Her Majesty the Queen may by order in council prohibit, 
during the period specified by the order, the catching of seals by Brit- 
ish ships in such parts of the seas to which that act applies as are 
specified by the order; and that for carrying into effect an arrange- 
ment with any foreign State an order in council may provide that the 
powers under the act of any commissioned officer on full pay in the 
naval service of Her Majesty the Queen may, subject to any limitations, 
conditions, modifications, and exceptions specified in the order, be 
exercised in relation to a British ship, and the equipment, crew, and 
certificate thereof, by such offices of the said foreign State as are spec- 
ified in the order, and that any such order may contain any limitations, 
conditions, modifications, and exceptions which appear to Her Majesty 
in council expedient for carrying into effect the object of that act; 

And whereas the said act applies to the seas within that part of the 
Pacific Ocean known as Behring Sea, and within such other parts of 
the North Pacific Ocean as are north of the forty-second parallel of 
north latitude; 



70 FUR-SEAL FISHERIES IN BERING SEA. 

And whereas an arrangement has been made between Her Majesty 
the Queen and His Majesty the Emperor of Russia whereby British 
ships engaged in hunting seals within such parts of the said seas as are 
hereinafter specified may be seized by Russian cruisers; 

And whereas Her Majesty was pleased, by and with the advice of 
Her Privy Council, on the 24th day of August, 1895, to make an order 
in council as a provisional order within the meaning of the rules publi- 
cation act, 1893; 

And whereas the provisions of the rules publication act, 1893, have 
been complied with: 

Now, therefore, Her Majesty, in virtue of the powers vested in her 
by the said first-recited act, and of all other powers enabling her in 
that behalf, is hereby pleased, by and with the advice of Her Privy 
Council, to order, and it is hereby ordered, as follows: 

1. From and after the date of- the present order, until Her Majesty 
in council shall otherwise direct, the catching of seals by British ships 
is hereby prohibited within such parts of the seas to which the recited 
act applies as are comprised within the following zones (in this order 
referred to as "the prohibited zones"), that is to say: 

(1) A zone of ten marine miles on all the Russian coasts of Behring 
Sea and the North Pacific Ocean; and 

(2) A zone of thirty marine miles round the Kormandorsky Islands 
and Tulenew (Robben Island). 

2. The powers under the recited act of a commissioned officer on full 
pay in the naval service of Her Majesty may be exercised in relation 
to a British ship, and the equipment, crew, and certificate thereof, by 
the captain or other officer in command of any war vessel of His 
Majesty the Emperor of Russia (hereinafter referred to as an "author- 
ized Russian officer"), but subject to the limitations, conditions, modi- 
fications, and exceptions following, that is to say: 

(1) The said powers shall not be exercised by an authorized Russian 
officer, except in relation to British ships engaged in hunting seals 
within either of the prohibited zones. 

(2) A British ship shall not be liable to seizure or detention by an 
authorized Russian officer by reason of the contravention of any regu- 
lations made under section 2 of the recited act. 

(3) The powers under section 3 of the recited act of detaining any 
portion of the equipment or any of the crew, and the powers under 
section 4 of giving a provisional certificate in lieu of a ship's certificate 
which is seized and retained, or of indorsing on a certificate the grounds 
on which it was seized, and of directing the ship to proceed forthwith 
to a specified port, shall not be exercised in relation to a British ship 
by an authorized Russian officer. 

(4) Where an authorized Russian officer in exercise of the said pow- 
ers stops and examines and detains a British ship or her certificate of 
registry, he shall, as soon as possible, hand over the ship or deliver or 
transmit the certificate, as the case may be, either to the commanding 



FUR-SEAL FISHERIES IN BERING SEA. . 71 

officer of a British cruiser or to the nearest British authority, as defined 
by this order, and shall then, or within a reasonable time thereafter, 
satisfy such officer or authority that there were reasonable grounds for 
the detention or seizure, and that the case is proper to be adjudicated 
in a British court, and also furnish to such officer or authority the evi- 
dence sufficient, in the opinion of such officer or authority, for such 
adjudication ; and if the said Russian officer fails to satisfy such officer 
or authority, or to furnish to such officer or authority such sufficient evi- 
dence, as aforesaid, the said officer or authority may release the ship. 

3. (1) Where the commanding officer of a British cruiser receives a 
British ship from an authorized Russian officer, and is satisfied that 
there were reasonable grounds for the detention or seizure, and that 
the case is proper to be adjudicated in a British court, he may exercise 
the powers conferred by section 4 of the recited act as if he had him- 
self stopped and examined and detained the ship, and that section 
shall apply accordingly. 

(2) Where the commanding officer of a British cruiser, or a British 
authority, receives a British ship from an authorized Russian officer, 
and sends the case for adjudication in a British court, he shall, for the 
purposes of section 7G of "the merchant shipping act, 1894," be 
deemed to have himself seized or detained the said ship. 

4. For the purposes of this order the expression "British authority" 
means any officer of customs in Her Majesty's dominions and any Brit- 
ish consular officer having authority as such in any port or place. 

5. "The seal fishery (North Pacific) order in council, 1894," is hereby 
revoked, without prejudice to anything done or suffered under that 
order. 

6. This order may be cited as "the seal fisheries (North Pacific) order 
in council, 1895." 

And the Most Honourable the Marquess of Salisbury, K. G., and the 

Right Honourable Joseph Chamberlain, two of Her Majesty's principal 

secretaries of state, and the lords commissioners of the admiralty, 

are to give the necessary directions herein as to them respectively 

appertain. 

C. L. Peel. 



regulations governing vessels employed in sea-otter hunting during 
the season of 1896, under revised statutes, section 1956, and act of 
congress approved february 21, 1893. 

Treasury Department, 
Office of the Secretary, 

Washington, D. G., April 29, 1896. 

Article I. 

Every vessel employed in sea-otter hunting, or in transporting sea- 
otter parties, shall have in addition to the papers now required by law 
a special clearance and license. 



72 FUR-SEAL FISHERIES IN BERING SEA. 



Article II. 

No vessels propelled by steam shall be employed in sea-otter hunting 
within territorial waters — that is, within three miles of the shore — or 
for the [impose of transporting sea-otter hunting parties within said 
territorial waters. Only sailing vessels and boats propelled by oars 
or paddles shall be so employed. 

Article III. 

The master of any vessel having on board skins of sea otter, mink, 
marten, sable, far seal, or other fur-bearing animals, shall, before unlad- 
ing the same, report to the collector of customs at the first port of 
arrival of his vessel in the United States, and shall file a manifest in 
detail of such skins with said collector. 

Article IV. 

Masters of vessels failing to comply with these regulations will be 
considered to have violated the provisions of Section 1956 of the Re- 
vised Statutes, hereinafter annexed, and will be liable to the penalty 
described therein. 

Sec. 1956. No person shall kill any otter, mink, marten, sable, or fur seal, or other 
fur-bearing animal within the limits of Alaska Territory, or iu the waters thereof; 
and every person guilty thereof shall, for each offense, be lined nut less than 
two hundred nor more than one thousand dollars, or imprisoned not more than 
six months, or both; and all vessels, their tackle, apparel, furniture, and cargo, 
found engaged in violation of this section shall be forfeited; but the Secretary of 
the Treasury shall have power to authorize tlio killing of any such mink, marten, 
sable, or other fur-bearing animal, except fur seals, under such regulation as he may 
prescribe; and it shall be the duty of the Secretary to prevent the killing of any 
fur seal, aud to provide for the execution of the provisions of this section until it 
is otherwise provided by law; nor shall he grant auy special privileges under this 
section. 

Article V. 

It will be the duty of the officers of the United States who may be 
in localities where sea otter are taken, or who may have knowledge of 
any such offense having been committed, to take all proper measures 
to enforce the penalties of the law. 

Article VI. 

Vessels which have cleared in good faith for sea-otter hunting prior 
to the issuance of these regulations shall not be seized for a breach 
thereof made in good faith, without knowledge of said regulations. 
Masters of said vessels shall, however, be warned by the United States 
officers charged with the enforcement of these regulations, and shall 
be given a copy thereof. 

Article VII. 

The foregoing regulations are intended to apply only to the season of 
1896. 

J. G. Carlisle, Secretary. 



INDEX. 



Acts of Congress: Page. 

Revised Statutes, section 1956 1 

March 2, 1889, relating to salmon fisheries 3, 35 

February 21, 1893, extending section 1956, Revised Statutes, to North 

Pacific 14 

April 6, 1894, giving effect to award 14 

Penalty thereunder 26 

Penalty extended to citizens of the United States 32 

Proclamation of 28-31 

Rules and regulations thereunder 33-34 

April 24, 1894, amending section 1, act of April 6, 1894 31-32 

June 5, 1894, supplementary to act of April 6, 1894, extending penalties to 

citizens of the United States 32-33 

Acts of Parliament and orders in council 37-71 

1891. "Seal fishing (Behring's Sea), act of 1891" 37-38 

Penalty thereunder 37 

Repealed 43 

Violation of, a misdemeanor 37, 41 

1893. " Seal fishery (North Pacific), act of 1893" 41-43 

Repealed 67 

1894. "Behring Sea award act, 1894" 45-51 

1895. "Seal fisheries (North Pacific), act of 1895 " 64-67 

Remain in force, how long 67 

To what animals applicable 66 

To what waters applicable 66 

Acts, shipping 41, 42, 46, 50, 51, 58 

Ada j 22 

Agents, British, to visit Seal Islands 5 

Agreement for arbitration 6-10 

Agreement, international 14, 36 

Alfred Adams 22 

Anna Black 22 

Arbitration : 

Agreement for 6-10 

Cases, submission of 7 

Points to be decided 8 

Questions for 7 

Tribunal, how constituted 7 

Tribunal, meeting of 7 

Area of protection 18, 23, 25, 28, 29, 36, 45, 49, 68 

Ariel 22 

Arms, sealing of 33 34 

Article III, order in council revoked 61 

Award of Tribunal 15-23 

Annex to, A 21 

Annex to, B 21 

Annex to, C 22 

73 



74 INDEX. 

Paga 

Award act (Congress), April 6, 1894 23-27 

Violation of, presumption of 27 

Proclamation of 28-31 

Award act (Parliament), " Behring Sea award act, 1K94" 45-50 

Goes into effect 48 

May be suspended 48 

Proceedings in court thereunder 48 

Remain in force, how long to 48 

B. 

Bear, revenue steamer 21 

Bering Sea, limits of, defined 39, 40 

Black Diamond 22 

"British authority," meaning of 69, 71 

British officers, examine and seize 38, 42, 59, 65 

British ships: 

Sealing by, permitted , 60,61,63 

Seizure of 42,44,45,46,59,65,68 

C. 

Carolena 22 

Catch, entry of 19, 24, 26, 28, 30, 34, 49, 65 

Certificate, provisional 42 

Citizens of United States, penalities extended to 32 

Claims, findings of Tribunal as to 20-23 

Claims, questions of fact regarding 9 

Commission, joint, to be appointed 8 

Commissioner, Fish and Fisheries 3 

To investigate habits of salmon 3 

To investigate methods of salmon fisheries 3 

To recommend additional law 3 

Compensation, in what cases to be paid 12 

Concurrent regulations for protection of seals 18 

Contracting parties, liability of 9, 16 

Convention of Arbitration 6-10 

Corwin, revenue steamer, seizures by 22 

Council, orders in 37-71 

"Seal fishing (Behring's Sea), order in council, 1891 " 38-39 

"Seal fishing (Behring's Sea), order in council, 1892 " 39-40 

"Seal fishing (Behring's Sea), order in council, l.si»3" 40-41 

"Seal fishing (North Pacific), order in council, 1893" 43-44 

"Seal fishing (North Pacific), order in council, 1894" 44-45 

Revoked 69 

"Behring Sea award, order in council, 1894 " 58-60 

"Bearing Sea award, order iu council (No. 2), 1894 " 61-62 

" Behring Sea award, order in council, 1895" 62-63 

"Seal fisheries (North Pacific), order in council, 1895" 67-69 

Court, admiralty, jurisdiction of 20 

Court, Alaska, district of 21 

Courts, procedure before, etc 42 

D. 

Detention of seized vessels 27,31,42,47,50,58 65 69 

Dolphin 22 



INDEX. 75 

Page. 
Dominion of United States. Section 1956, Revised Statutes, extended over 

Paris award area . 35 

E. 

" Equipment," meaning of 38,43,48,66 

Explosives not to be used 19,24,25,29,30,49 

Extension, section 1956, Revised Statutes, provisions of 14 

F. 

Facts, findings of 20-23 

Favourite 22 

Findings of facts by Tribunal 20-23 

Firearms, use of, prohibited 19,24,25,29,30,49 

First schedule 48-50 

Fitness to engage in sealing 24,20,33,49,61,63 

Flag, sealing 19,24,25,28,30,33,49,60,61,63 

Fur-bearing animals. Section 1956, Revised Statutes, extended to area of Paris 
award under act of February 21, 1893 35 

G. 

Grace 22 

Great Britain : 

Agents of, to visit Seal Islands 5-12 

Questions of facts submitted by 20-22 

Will pay, in what cases 12 

I. 

Indians, sealing by, permitted 19,24,26,30,49,50 

International agreement 14, 36 

J. 

Joint commission 8 

Juanita , 22 

Jurisdiction, in case of seizure 5-12 

K. 
Kate 22 

L. 

Legal procedure under " Bebring Sea award act, 1894" 51-58 

Liability of contracting parties 9-16 

Libel of .seized vessels 21 

License, sealing 19,24,26,28,33,46,49,60,61,63 

License, form of 34, 64 

Lily 22 

List of vessels warned, etc 22 

Log, official, entries in 19,24,26,28,30,34,49,65 

M. 

Master of ship, guilty, etc 47 

Meaning of "equipment" 38, 43, 48, 66 

Meaning of "British authority" 69,71 



76 INDEX. 

Page 

Men, fitness of 24, 25, 29, 30, 33, 49, 61 

Mcreli ant shipping act, 1854 50 

Merchant shipping act, 1876 58 

Minnie 22 

Modus vivendi, June 15, 1891 4-5 

Modus vivendi, May 9, 1892, renewal 11 

How terminate 12 

Renewal of 11-13 

Violators of, to he seized 5-12 

Municipal law not affected 19, 24, 29, 48 

N. 
Nets, not to be used 19,24,25,29,30,49 

O. 

Obstructions in rivers 3 

Official log 19,24,26,28,30,34,49,65 

Onward 22 

Order directing seizures 21 

Orders in council and acts of Parliament 37-71 

Orders in council : 

"Seal fishing (Behring's Sea), order in council. 1891" 38-39 

"Seal fishing ( Behring's Sea), order in council, 1892" 39-40 

"Seal fishing (Behring's Sea), order in council, 1893" 40-41 

"Seal fishiug (North Pacific), order in council, 1893" 43-44 

" Seal fishing (North Pacific), order in council, 1894 " 44-45 

Revoked 69 

" Behriug Sea award, order in council, 1894 " 58-60 

"Behring Sea award, order in council (No. 2), 1894" 61-62 

" Behring Sea award, order in council, 1895 " 62-63 

" Seal Fisheries (North Pacific), order in council, 1895 " 67-69 

P. 

Parliament, acts of, and orders in council 37-71 

Pathfinder 22 

Pelagic sealing permitted 19. 24. 25, 28, 49 

Pelagic sealing prohibited 18,23,25,28, 29,39,40,49,64 

Penalty prescribed 26, 37, 41, 46, 61, 63, 65 

Points submitted, decision on 17-18 

President, the: 

To make regulations 26, 30 

To cause seizures to be made 4, 27, 31 

To cause vessels to cruise in Bering Sea 4, 27, 31 

Proclamation by — 

Modus vivendi 4-5 

Agreement of arbitration 6-10 

Renewal modus vivendi 11-13 

Award act (Congress) 28-31 

Season of 1896, regulations 35-37 

Extension of Revised Statutes, section 1956, over award area 35 

Presumption of violation 27 

Pribilov Islands 18,23,25,28,29,36 

Prize, j ur isdiction 20 

Procedure, legal 51-58 



INDEX. 77 

Page 
Procedure, legal in Scotland 55-58 

Proclamations by the President 4-5, 6-10, 11-13, 28-31, 35-37 

Provisional certificate 42 

Prohibited, the taking, etc., of seals 3, 4, 11, 

18, 23, 25, 28, 29, 35, 36, 37, 39, 40, 41, 44, 45, 49, 64. 67, 70 

Proof, lies with master or owner 38, 42 

Protection, area of 18,23,25,28,29,36,45,49,68 

R. 

Regulations, concurrent 18 

How terminated 19, 25 

Revised Statu tes, United States 3, 4, 35 

Rush, revenue steamer 22 

Rules and regulations, 1896 33-34 

S. 
Salmon : 

Act of Congress, March 2, 1889 3 

Ascent of rivers 3 

Habits to be investigated 3 

Fishing methods to be investigated 3 

Schedules 48-51 

Scotland, legal procedure in 55-58 

Sea, Bering, limits of, defined 39, lit 

Sea otter, regulations for 1896 71-72 

Sealing of arms, etc 32, 34 

Sealing: 

By Indians, permitted 19, 24, 26, 30, 49, 50 

License for 19,24,26,28,33,46, 19,60,61,63 

Pelagic, permitted 19,24,25,28,29,39,40, IS, 64 

Regulations for 65 

Seals : 

Number taken by United States under modus vivendi 4. 11 

Taken to be entered in log 19, 24, 26, 28, 30, 31 , 49, 1 15 

Taking, etc., of, prohibited 3,4,11,18, 23, 

25, 28, 29, 35, 36, 37, 39, 40, 41, 41, 45, 49, 64, 67, 70 

Seized vessels, list of 22 

Seizures under modus vivendi : 

Made by either party 5, 12 

Delivered to proper Nation 5. 12 

Jurisdiction to try 5, 12 

Why made 20 

Seizures under award act 27, 31 

Shipping act, 1854 50 

Shipping act, 1876 58 

Shotguns in sealing 19,24,26,49 

Sixty-mile limit 18,23,25,28,29,36,49 

Special license 19,24,20,28,33,46,40,60,61,63 

T. 

Termination, renewed modus 12 

Territorial waters, outside of 19,25,26,29,30,50 

Thornton 22 

Tribunal, Arbitration 7,8,9,15,17,18,23 



78 INDEX. 

U. Page. 

United States: 

List of vessels seized or warned by 22 

Questions of fact acknowledged 22 

Seizures authorized by 20 

Will pay, in what cases 12 

V. 

Vessels, list of, etc * 22 

Vessels, sealing, to report to 34 

Violators, award act, where prosecuted 27, 30 

W. 
W. P. Sayward 22 

Z. 
Zones, prohibited 18,23,25,28,29,36,45,49,68 

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